A Study On The Segmentation Of Property In Divorce Lawsuit

With the continuous development of society, the increasingly diversified property types, lead to divorce proceedings, property ownership is more complex. In order to better cope with the situation, the judicial explanation in view of the different types of real estate are the specific provisions, so as to better guide judicial practice, the better for the parties’legitimate rights and interests protection. Through the legal system of clear, helps to solve the judicial practice standard, to avoid the same case different verdict. The marriage law interpretation (3) for different situations in the real estate belongs to the rules. At present, the theory for the judicial interpretation, there are still some controversy in; First, both men and women get married, then how do parents accept donative house property; Second, before a loan to buy houses should belong to the individual. For accurately define both of these problems, not only for the stability of the family has a great significance, but also for housing market, for the development of the society is of great significance. Through further perfect the legal system, to provide better legal basis for the judicial practice, can be conducive to the protection of litigant rights and interests. At present, more and more of the divorce case involves property, the processing of real estate is a big problem of the divorce case, if you are not able to further perfect the relevant legal provisions, will likely result in trial activities in a passive situation.property registration system and related content, put forward several proposals to include: improve the legal consciousness; The introduction of case guidance, make up the loopholes of our existing legal system of property division; perfect the prenuptial property registration system, etc. According to the analysis of the characteristics of the divorce, division of property system in our country at present the lack of in-depth analysis, and on how to perfect the relevant legislation put forward their own views, looking forward to make reference to the relevant legislation of our country.