Research On Property Division In Divorce Proceedings

As the early1990s, our housing system reform and the real estatemarket continue to heat up, and real estate has become the largest commonproperty of the family. Highlights the value of the property at the same time,because of the diversification of buyers, the universalization of the mortgagefor housing, divorce occurs frequently, which makes the real estate disputesoccur increasingly and become the biggest divorce dispute between thecouples. In this paper, I absorb existing theories, analysis present judicialpractice and learn from foreign houses split system. By analyzing the couplesplit divorce housing issues,I hope that this article plays a guiding role inpracticeThis paper mainly discusses four parts:The first part defines the matrimonial property and housing, nextclassifies matrimonial house, then discusses China’s existing laws and therelevant provisions of the Housing division in brief, and point out the conflictof that marriage and property law laws on housing division.The second part, analysis the division of matrimonial house in divorceproceedings, including public housing, rural homestead, resettlementhousing division problems, and nowadays a hot marriage premaritalcontribution about real estate license, mortgage buyers, the purchase ofhousing by parents. I compare Marriage Law explains Two and Three on thesame question in different provisions.The third part focuses on the analysis of foreign matrimonial property regimes and summaries the principle of division of property issues. Thenmake a conclusion about the relevant provisions of the United States,Germany, Britain, Italy, and draw enlightenment to our countryThe fourth part, make a suggestion to our country about the housingdivision of matrimonial proposals in the divorce proceedings. Not onlyimprove housing couple split divorce proceedings legal system, but alsostrengthen the protection of economically disadvantaged, improve theeconomic compensation system and punishment system in divorce. Weshould promote the wide application of pre-marital property agreement.Finally, we should have a correct values of marriage.