The Law Of Matrimonial Home In Britain And Its Enlightenment To China

Men and women enter into a marriage relationship for a long and stable life.The residence is undoubtedly the most important material security in the marriage relationship.The residence is mainly reflected in the real estate in which the family lives.As the value of the property continues to rise,it has become the most valuable property in the family,and there are more and more disputes about the residence in the marriage relationship.China has not yet had a complete system of matrimonial home,which makes the judicial decision lack legal basis.The British matrimonial home system has a long history,and the system design is uniquely attractive,focusing on protecting the interests of non-property party.Therefore,this article is based on the British matrimonial home system,focusing on the acquisition of beneficial ownership,and the right of occupation.At present,China's concept of matrimonial residence is unclear and the law is insufficient.The advantages of the British system can provide new ideas for the improvement of China's matrimonial home system:to clarify the status of the matrimonial home in the entire marriage law,and to focus on the issue of residence as the core,when the ownership(or the right to rent)of a matrimonial home is clearly stated in the name of one party,the other party shall have the right to reside;and after divorce,take care of the financial interests of the non-property party when the husband and wife property is divided.In a word,this article aims to draw on the useful experience of Britain to institutionalize and systematically construct the relevant provisions of our country in order to achieve the long-term and stable purpose of maintaining the marriage relationship.