Research On House Property Division At The Time Of Divorce

The property division during a divorce is a series of liquidation activities that the couple make sure the owner of the house and segment the value of the property before the marriage relationship being about to end. With the state committing to promote the process of the construction of urbanization and the quickly rise of the real estate industry,commercial housing springs up rapidly and the privatization of public houses also significantly increased.At present,China has basically established multilevel housing security system from the policy welfare housing for the low-income families to the commercial housing for high-income families.Although the rapid development of the real estate industry has benefited the general public and improved the quality of many families’ life, but houses are selling for astronomical prices enhancing the property value in marriage and family, also intensifying the property of contradiction between spouse. Recently, there are so many real estate battles between couple all over the country and the complicated divorce case about property bring a conundrum to judge. Therefore,it’s a hard work for the legal scholars and practitioners to solve the difficult problem in property division better all the time.At present, the marriage law in china has stipulated the couple property division rules,and the application of the marriage property system provide a legal basis for determining the housing ownership. According to the supplementary specification of the Supreme People’s court published the judicial interpretation,in practice the judges should deal with the problem with equal division principle and supplement by different treatment, and adopt the compensation price、bidding and other segmentation methods. However, the property division rules is too abstract,or too narrow to apply,or exist the conflict of laws, it’s still not enough to deal with the changeable property division.Consequently,the lawgivers should be based on national conditions, respect our traditional marriage ethics and protect the common property as the focal point when they draft the property division rules. The lawmakers also should consummate the marital property system, through making the provisions of the marital property duty and establish the marital property registration and clearing mechanism to sort out the financial situation. In addition, it’s also necessary to improve the basic principles and methods of the divorce property division.Dealing with the particular divorce cases,the judges should apply the principle of fairness、assess the economic situation and strength of the spouse and consider all factors in the case, than make the most appropriate discretion.