An Analysis Of Yuan Mou's Case Against Li And Others' Housing Ownership Dispute

In recent years,with the rapid development of economy,the enhancement of personal property consciousness,so the traditional concept of marriage and love has been greatly impacted.As a result,the divorce rate has been increasing year by year.Divorce litigation involves more division of real estate,because real estate accounts for a considerable proportion of the average family property,besides,because of the way real estate is acquired,more complex and diverse,the identification and division of the husband and wife's common property is also complicated.Therefore,in the division of common property between husband and wife,the courts all over the world are cautious in determining and dividing the real estate.The case in this paper takes place in the division of property after the divorce of a remarried couple in Nanchuan District of Chongqing City,Sichuan Province.The core issue is the dispute over the ownership of a building.The complexity of the case is mainly reflected in plaintiff,Yuan Mou(male side)and defendant,Li Mou 2(female side)in 2014 to break up the relationship between husband and wife.Later,a lawsuit brought against defendant,Li Mou 2,et al.,called for the division of common real estate during the existence of the husband and wife relationship.The main points of dispute in this case are as follows: Who owns the ownership of the house registered in defendant and Li Mou 1,whose ownership of the house is registered under defendant and Li Mou 1,and whose ownership of the house is registered under defendant and Li Mou 2;Defendant,Li Mou 2 to Li Mou 3 whether the debt is plaintiff Yuan Mou and defendant Li Mou 2 in the marriage relationship during the survival of the joint debt;How to divide the joint property of plaintiff Yuan and defendant Li Mou 2 during the marriage relationship.The determination and division of joint property between husband and wife are mainly applicable to the relevant provisions of the Marriage Law and its judicial interpretation,at the same time,due to the existence of this case,some special features,the claim for ownership of houses involves the demolition and resettlement of rural collective land and the effectiveness of building and selling.Therefore,the identification and division of the joint property of husband and wife should be based on the relevant legal provisions and also rely on the judge's experience in adjudication.This case has certain reference value to similar cases in the future.