Research On Housing Property In Divorce Cases

In recent years, the real estate market continues to heat up, house prices rose rapidly. Based on marriage, housing, investment and other various reasons, purchase of housing has become a common phenomenon. At the same time, many families in real estate has become the biggest property value. On the other hand, China's divorce rate increased year by year, the stability of marriage has shown a downward trend line. As a result, the divorce case involving the division of various real estate disputes often become the core of the court. But China's current system of legal norms is not very perfect, the Marriage Law and the relevant judicial interpretation and can not cover three to resolve the judicial practice of all contentious issues. Therefore, real estate issues in divorce cases, research is still necessary.In this paper, the practical problems in judicial practice to start, the existing home and abroad on the basis of theoretical research, according to marriage law, property law, civil law, contract law and other relevant laws and regulations, and with reference to the Supreme Court's judicial interpretation of the Marriage Law and Shanghai three Municipal Higher People's Court of Jiangsu Provincial Higher People's Court trial of minutes, using empirical research methods, sub-type of situation on the common analysis of disputed property, in order to clarify the legal relationship.This paper is divided into four parts of the content. The first part, an overview of the scope of our jointly owned property and divorce cases involving major property types. The second part analyzes the different property types, under different circumstances ownership of the property. Room property analysis including mortgage, property rights identified housing reform, public housing tenant rights advocates and parents financed the purchase when the investment involves the nature of the analysis. The third part, to explore different types of housing problems in the division. Including the nature of the mortgage housing mortgage analysis, mortgage and real estate division of value-added part of the mortgage with the bank's property division, etc.; housing reform segmentation and segmentation problems in the principles and methods; tenancy in the distribution of related issues. Part IV, on the basis of the above analysis, to clarify the author's point of view from the legislative system, the real estate registration system to improve and clear the burden of proof in terms of legislation and practice that the more reasonable since the proposed recommendations.This article focuses on the issues discussed and the author point of view:first, the mortgage system is sound or not, related to the real estate market and even the healthy market economy run. But in the end what is meant by "mortgage"? Although the Supreme Court in the judicial interpretation of the Marriage Law (C) mentioned in the mortgage property, but any country, including judicial interpretation of a law does not define the meaning of the mortgage. I think that in our "mortgage" is essentially a combination of mortgage and pledge. Second, in cases involving divorce, property division mortgage, the mortgage debt in the bank before the mortgage could lead to housing division of the couple from the original debtor becomes a party, to become one of the spouses from the other couples, that is, a debtor changes. According to China's contract law, the transfer of the debt should be subject to the consent of creditors. If the mortgage real estate mortgage debt remaining after the split properly, the banks refused to transfer the mortgage as a creditor, the court will be difficult to implement. I think that judicial interpretation should be clear after the original mortgage debtor to continue to bear the divorce settlement responsibilities and obligations. Third, mortgage real estate value-added part of the division of marriage. In the segmentation process, we must consider the contribution of both the mortgage, and this contribution should not ignore the women of the family to pay. This article also for housing reform, especially in the split part of the property housing reform appears difficult problems, parents financed the purchase before and after marriage identification of the nature of its contribution so a brief analysis. Research the law to expect a slight contribution.