Problems And Countermeasures Of Real Estate Division Of Divorced Husband And Wife In China

With the rise of people's living standards and the diversified development of cultural and material life,the divorce rate has repeatedly reached a new high in recent years.The division of marital property in divorce proceedings has gradually developed into a focus of attention in various modern divorce cases.Usually,real estate is the largest property in the division of marital property,and how to distribute it reasonably gradually becomes the key consideration in divorce proceedings.Despite the promulgation of the new Marriage Law and the supporting judicial interpretations,there are various types of domestic real estate,and the disputes are so complicated that it is difficult to deal with the real estate division disputes in the divorce of husband and wife in an all-round and efficient way.This paper attempts to start with the above content to explore the specific ideas,with a view to providing a feasible reference for the Marriage Law and the optimization of relevant judicial interpretations.The first part is based on the concept of divorced couples' real estate division,to further explore the relevant principles and a series of means of divorce implementation,and to explore the problems existing in the practical and social utility.The second part,starting from the explanatory theory and the legislative theory,explores the phenomenal content of the five common types of real estate in China based on the application of law layer by layer.Attempt to use various means of legal interpretation,to explore how to combine various forms of real estate with the current legal norms to implement.The third part is based on the judicial perspective,according to the author's own experience in the trial,trying to explore the shortcomings of the current domestic division of divorced real estate,through the subdivision characteristics and existing drawbacks to explore rationally.The fourth part is based on the system of divorced couples' real estate in foreign countries,taking China's national conditions as the foothold,further explores how to effectively optimize the system and enhance the self-protection awareness of vulnerable groups,in order to minimize the conflicts caused by divorced couples' real estate.