Couples Housing Division Of Research

Marriage and family law related to marriage and family, including the couple’s interests of each Member of the family. It is not in order to maintain a specific individual right, but given the ethical character of marriage. Maintain the stability of family order. Dealing with divorce cases when housing Division, to give priority to the protection of minors rights and interests. Discover as much as possible and summarize, house segmentation methods in the judicial practice, promoting the diversification segmentation approach, an effective solution to House split problem. Improve the "additional calculations", "reporting obligations" segmentation, such as relief measures to ensure "equitable division" at the same time, providing strong guidance to judicial practice. Specific content of this article can be divided into four parts:First:General theory of the main couples Housing Division. Pointed out that Division of the matrimonial property regime is community housing on the basis of clear scope of Community Housing Division; analysis and segmentation of individual, family and national implications. China’s marriage law established "together after marriage system" is the basis of the marital house divided; While explicitly dividing shared property are the subject of "husband and wife" both sides, The time range is "acquired during their marriage", Source "income" is not limited to "ownership", On the way there are General and specific housing types, and much more.Second:Mainly couples housing divide principles and measures. Definite couples housing segmentation based on the general theory, compared with countries such as Britain and the United States split the principles and approaches, and to put forward a proposal. Segmentation of existing principles and approaches too simple and General, the paper supported the introduction of "fairness doctrine", Draw lessons from United Kingdom practice, giving priority to protecting the interests of minor children; Segmentation approach, advocating segmentation way to diversify, point out pros and cons advantages and disadvantages of various means to divide.Third:Mainly couples housing division of theory and practice, Theory and practice in the main type of housing division is divided into general and special types of housing division. Houses like segmentation can be divided into income housing segment before marriage and after marriage’s housing division, and targeted analysis of the "mortgage" and "parents gifts" situation.Fourth:Mainly couples housing division of bailouts. Relief measures have "additional calculations" and "punitive measures" and "financial aid". Bailout measures in China compared with foreign countries, rules are simple. In our opinion, " improve the system of additional calculations", "increased reporting obligations", and so on.