Research The Problem With House Property Division In Divorce Cases Of China

Divorce cases for the marriage of the parties common property division system not only affects the normal order of marriage and family life, but also for the sustainable development of the whole society also plays an important contribution. Because of the housing property needed economic pay more, in the marriage and family life function is more prominent, especially when couples rupture due to the end of the marital relationship, fair and reasonable division of housing property ownership becomes a divorce and child custody belong almost equally important content.In real life, people can get housing property through a variety of ways, and there are many different types of housing property, and some historical reasons, lead to ownership segmentation process property housing trials in divorce cases is becoming more complicated. At the same time, the legal provisions have our more theory and general, the lack of legal norms in detail, practical to adjust the related legal relationship, and in judicial practice, some principal provisions around the judge usually in legislation to use your own discretion, the specific operation house ownership segmentation the. Often appear some sentenced trial results. Although the marriage law judicial interpretation promulgated and implemented for the housing property belonging to several types of definition, and give these disputes more housing property defines a more clear legal basis, but these provisions in the judicial process in the operability is not strong enough, for the increasingly complex social economy status and housing property types varied the lack of adaptability. Hope that through our legislative practice and relevant auxiliary regulations uniform continues to improve, the trial of such cases would be more fair and reasonable.