| Housing as a large value of real estate,is the husband and wife’s main property.Once the marriage relationship breaks down,the division of the house becomes the most important thing in the division of property between husband and wife.The type of house in divorce proceedings is complex,coupled with the main body of the purchase,the time of the purchase,the repayment of the loan and the different property rights registration of the house,which makes the division of the divorced house more difficult and complicated in judicial practice,and should be divided concretely according to the different types and conditions of the house.In addition,the divorce house division attaches to the marriage and has a strong identity color.Taking the houses purchased before and after marriage as the time limit,this paper lists and analyzes the common cases of divorce house segmentation in judicial practice.The legal problems of house segmentation in China are mainly manifested in four aspects: there are conflicts in the application of laws in the segmentation of divorced houses in China,which are embodied in the identification of house ownership and the principle of publicity of property rights change;The ways and rules of divorce house segmentation need to be improved,which is manifested in the lack of clear provisions on the specific factors affecting house segmentation and the imperfection of the rules of care for the non-fault party;After the divorce,the housing right system is not perfect and the protection of women’s rights and interests is not enough.To solve these problems,it is necessary to clarify the applicable rules of Property Law and Marriage Law,that is,to give priority to the application of the relevant provisions of Marriage Law,to improve the division methods and rules of house ownership,to improve the provisions of housing residency rights after divorce,and to pay more attention to the protection of women’s rights and interests in divorce house division.Only by solving these problems can the contradictions between the divorced parties be dealt with more fairly and the society be more stable and harmonious. |
