Analysis Of Unilateral Cases Of Jointly Owned Houses By Husband And Wife

Real estate is an important material basis for a family to survive.The protection of property ownership by law is related to the vital interests of each famil y and its members,and to a certain extent,will also affect the social harmony and stability.In real life,based on the trust relationship between husband and wife,the couple often registers the joint property under the name of only one party.At this t ime,the one who has not registered the property becomes the "anonymous co-owner".Once the property registration party has not agreed with the "anonymous co-owner" in advance,the rights of the "anonymous co-owner" may be infringed by unilateral punishmen t of the couple's joint property.This article starts with a case of unilateral disposal of marital joint property,focusing on the four controversial focuses in the case,and at the same time,thinking about the establishment of marital tort compensation system in China.The main controversial focus of the case is as follows: First,the determination of whether the disputed real estate is the joint property of husband and wife.When the real owner and the real owner recorded by the registration authority are inconsistent,the people's court should make an integrated understanding of the Marriage Law and the Real Right Law,and give priority to the recognition of the joint property of husband and wife in the Marriage Law in order to restore the real ownership of the property and protect the real property.The second is about whether there is a pre-litigation procedure in the litigation of property rights in dispute.In our country,the litigation situation of pre-litigation procedure is relatively fixed,including labor dispute litigation and personnel dispute litigation,which are clearly stipulated by law.There is no legal basis for the establishment of relevant pre-procedure in the affirmative action of disputed real estate.Third,whether the unilateral disposition of the joint property of husband and wife is effective.It should be decided whether the disposition belongs to the disposition of bigger property not based on the needs of daily life of the family.If so,the disposition should reach the consent of the husband and wife beforehand,and the single disposition without the consent of the husband and wife belongs to the unauthorized disposition.Fourth,it is about whether the buyer can acquire the ownership of the disputed property in good faith.The standard of bona fide acquisition in civil and commercial cases should be distinguished,and the buyer's compliance with bona fide acquisition should be strictly judged according to the information and position of the buyer,so as to finally confirm whether the buyer can acquire the property ownership in good faith.Regarding marital tort damage compensation,China should establish and improve the marital tort damage compensation system as soon as possible to provide legal basis for both husband and wife to effectively safeguard their legitimate rights and interests in marriage,promote the alleviation of family contradictions and build a harmonious family.