Research On The Problems Of Marital Housing Property Agreement

Real estate is an important living place and one of the main properties of a family.With the increasing value of real estate,disputes between husband and wife due to the ownership of real estate are becoming more and more frequent.The marital housing property agreement often reflects the couple's good hope for their future marital life,and the great expectations of the permanent and harmonious family relationship.It seems to be a property agreement.In fact,it is closely related to the identity relationship of the husband and wife.However,forms of property agreement are varied and different in practice,and the identifications of the nature are different as well in practical trials.There are those who recognize it as a gift contract,others who recognize it as a contract of husband and wife property system,or who regard it as a marriage division agreement.Different qualities will lead to different laws,and the results of trials in practice will naturally be different.At the same time,the theoretical community has been arguing over the nature and effectiveness of marital housing property agreement,and there is no unified standard to date.Moreover,the problem of spouse property agreement not only occurs within the spouse,but is also very likely to have disputes with external third parties,so seeking a balance between property rights changes,transaction security and spouse autonomy has become a topic of current concern.The first part is the lead-in of the question.Through the introduction and analysis of cases,this paper introduces the current definition situation of marital housing property agreement in judicial practice and also reveals the problems and reasons of differentjudgments in the same case,leading to the main disputes and illustrating the main issue and research coverage of the paper.The second part is the definition of the nature of marital housing property agreement.By analyzing and comparing its concept with gift contract,marital property division agreement,and marital property contract,this paper demonstrates that marital housing property agreement cannot be characterized as a gift contract or a marital property division agreement.Rather,it should be considered as marital property contract.By specific analysis,this paper clarifies the definition and features of marital property contract and also discusses the legislative mode of it;this thesis respectively contradicts all the reasons against recognizing marital housing property agreement as marital property contract,finding out the similarities between the two in terms of their characteristics.Thus it comes to the conclusion that marital housing property agreement should be thought of as marital property contract unless the couple stated it as a gift contract in the housing property change agreement.The third part mainly analyzes the effectiveness of marital housing property agreement.Because marital property contract can directly cause the change of property rights,without any publicity,then the marital housing property agreement belonging to marital property contract can directly cause changes of the immovable property rights accordingly.The cause and effectiveness of the change in property rights are determined by the spouse's autonomy of the spouses.They are based on legal acts.They adopt the model of realism changes in real rights.The change in property rights is finished as soon as the agreement is in effect.No extra publicity is needed.However,there should be a difference between internal and external effectiveness.Although it is possible to directly change property rights between husband and wife,in order to prevent the dishonest behavior to use the marriage to defraud the real estate,the relevant revocation should be stipulated.In terms of external effectiveness,when a third party is involved,it is first clear that the third party should be the person involved in the transaction,not the couple or their inheritors.Without publicity,it is not allowed to oppose the person who obtains the house in good faith.At the same time,the creditor of the responsible property shall be allowed to revoke the couple's behavior of evading debts with the help of the realestate agreement.