Divorcing Spouses Housing Segmentation Study

With the rapid development of economy, politics, culture and society in our country, the division of marital property become more complicated. The various properties, the unstable property rights and the growing parties all increase the difficult level of the division of marital property. Among all the properties, house normally has the top value and one family normally own one house, so the division of marital house is the core of the division of marital property. Though many laws in the marriage and family fields provide a lot of guidance in the division, in fact, some cases also can not be dealt with well, owing to the complex life and society. So, the article is to research the key points and actual practical rules, from the theoretical and practical aspects, aiming to give some advice to the legislation.The article totally is divided four parts, roughly twenty-seven thousand words, except the introduction and concluding remarks.The article first introduces the legal rules and legal principles of the division of marital property, then puts forward some thoughts about the actual problems of the division of marital house and talks about a detailed description about the actual operation of the division of marital house, and last gives the advice about improving the legislation about the division of marital house.The first part—the survey of the laws and regulations of the division of marital property. This part mainly introduces the basis of marital property system and the concrete rules and regulations of the division of marital property in our country.The second part—the actual problems of the division of marital house.This part first introduces the legislation in the overseas,including the legislation in France, Germany, Swiss, British and America. Then I propose some actual problems of the division of marital property.The third part—the actual operation of the division of marital house. This part talks about how to confirm the property rights of house and how to divide the marital house.In the part of the property rights confirmation, I discuss it in the three parts, which are the private property rights in the legal property system, the other kinds of property rights in the legal property system, and the property rights in the contractual property rights.In the part of how to divide the marital house, I discuss it in the four parts, which are the joint house, individual house with increasing value, house with part ownership and public house. The fourth part—the advice about improving the legislation about the division of marital house.This part makes reference with the legislation abroad, and give own advice, from the two aspects including legal contents and judicial trial, on the basis of the upper three parts.