Several Issues In The Determination Of Joint Property Of Husband And Wife

With the development of society,people’s property cognition and domination is being constantly updated,which makes the scope of marital and family property no longer confined to the previous deposits,but expanded to the content of husband and wife’s commercial insurance,income from personal property and real estate.Under this circumstance,the property ownership dispute between husband and wife is more acute in divorce and needs to be resolved.In order to achieve social harmony and stability,in 2004 and 2011,the Supreme People’s Court issued an explanation of several issues in the Marriage Law of the People’s Republic of China(2)and(3),respectively,to explain the attribution of these marital property.However,while increasing and embodying the provisions on the ownership of husband and wife,we find that these regulations still have some shortcomings and need to be further improved.This paper firstly selects two typical cases of property disputes,pointing out the flaws in the identification of common property in China.Then,through the case and the reality of our country,I discuss the legislative defects of the joint property identification of husband and wife.On this basis,suggestions for perfecting the rules for the determination of matrimonial property are put forward.