Study On The Partition Of Matrimonial Joint House Property In Divorce Proceedings

People gradually realized the importance of property in marriage with theincreasingly complicated matrimonial property composition brought by the deepeningof China’s economic reform and the improvement of their living standards. Marriageand property are interdependent and non-separable, and the matrimonial propertymechanism is to protect matrimonial joint property and individual private propertyduring marriage. The partition of matrimonial property at divorce is always a cause ofconcern to the family and the whole society, and that is in particular true in divorceproceedings where the judicial authorities are always confronted with many toughchallenges regarding the partition of matrimonial joint house property as there are notonly legal issues but also concerns of ethics and morals. This thesis applied theresearch methods of empirical analysis, comparative analysis and induction to analyzethe current regulations regarding the partition of matrimonial joint house property,identify the defects in the current regulations and provide related improvementsuggestions.This thesis contains25,000words excluding foreword and epilogue.Chapter One: theoretical overview on the concept of matrimonial joint property.This section is trying to identify the basis and scale of this thesis through theelaboration on such basic concepts as matrimonial joint property, matrimonial jointhouse property etc. which combines with the current study results on partition of matrimonial property in divorce proceedings.Chapter Two: detailed analysis on the regulations of partition of matrimonialjoint property. This section is to elaborate on the current regulations on partition,especially the new regulations introduced by the Third Judicial Interpretation of theApplication of the Marriage Law of the People’s Republic of China hence discoveringthe connotation and current regulations on matrimonial joint property.Chapter Three: on the basis of the foregoing, further identification on the defectsof the current regulations on the partition of joint house property with the main focuscovering the considering factors, principles and methods of partition and the burdenof proof.Chapter Four: detailed suggested improvement measures to the defects identifiedin the previous chapter, including the establishment of preferential applicable order ofprinciples regarding the partition of matrimonial joint house property, remedy systemfor unregistered party of matrimonial joint house property etc. therefore to find outthe way to solving the previously identified defects and to improve the regulations.