Research On The Legal System Of Property Division In Divorce Between Husband And Wife

In modern society,the divorce rate is increasing year by year.The main reasons include two aspects:one is people's pursuit of high-quality family life;the other is that the social development is faster and faster,and people's hearts are becoming increasingly impetuous.According to the relevant laws and regulations in China,there are two ways to divorce:agreement divorce and litigation divorce.The divorce by agreement is relatively simple,and both parties reach an agreement to get a divorce certificate from the Civil Affairs Bureau;however,the litigation divorce is more complicated,and the court procedure is relatively strict.If both parties agree to divorce,the child custody and property division will become the main content of the lawsuit.If only one party sues for divorce and the other party disagrees,according to the law,if one party has no serious fault,such as bigamy,cohabitation,domestic violence,gambling and drug abuse,the court will not usually adjudicate divorce.Looking at divorce cases,apart from the relationship between husband and wife,there will be great differences on how to divide the property when divorce.Due to the rising prices,real estate and vehicles are also the focus of divorce proceedings.The division of real estate is relatively more complex than that of vehicles,including various types.Commercial housing can be specifically divided into a variety of types,such as the purchase of commercial housing by one spouse before marriage,the purchase of commercial housing by one spouse after marriage,the purchase of commercial housing by one spouse's parents,etc.commercial housing is also divided into mortgage loans And full purchase,in this case,divorce real estate division involves property rights and creditor's rights,and in the era of soaring house prices,it is more difficult to deal with real estate division.In practice,the different levels and depths of the court's hearing of the cases make the final trend of the cases different.Although the Supreme Court is constantly improving the relevant laws,in reality,there are still many problems that can only rely on the inner confidence of the judges to judge.The existence of this problem has led to continuous disputes in the theoretical circle.According to the above content,the foundation of the people of the housing problem solving is eager to perfected,in the social practice on the practice of a variety of housing problems how to unify the referee thought and view,resolving the division of the new situation,constantly strengthen the legal applicability and operability,is an urgent need to solve the problem,but also an important legal issue.This article except introduction and conclusion,thanks mainly contains three aspects of content:the first part mainly elaborates three kinds of common and controversial social life of the characteristics of three types of real estate,the principle of attribution and segmentation,etc.,through the analysis of three kinds of real estate in the difficulty in the segmentation process,put forward the opinions of the division of the author himself,mainly including detailing the ownership of mortgage property standards,puts forward expectations right application in divorce proceedings,increase the consideration of factors such as segmentation,do matting for the second part;The second part is based on the first part of the three kinds of property in the existing property law of the progressive segmentation and unproductive,and points out that the current marital property system of the advantages and the disadvantages of not conducive to family stability,mainly around the importance to contract,protect the individual,and the third person property under the premise of the modern ideas and the traditional value does not adapt,too much emphasis on property protection lead to marriage and family of the centrifugal force and centripetal force;The third part is a perfect proposal for the division of real estate between husband and wife in our country.Taking the maintenance of family harmony as the fundamental starting point,the author proposes specific measures,including the establishment of property notarization system,highlighting the system of housework compensation and so on.