The Consideration Of The Problems Of The Divorcing Property Distribution

Divorce proceedings as the traditional civil cases, in the people's court in civil cases has been relatively stable ? But in recent years, with the development of economy, the family property presents a variety of the characteristics of big quantity of the focus has not divorce case handling the relationship and child support, more is the division of family property and processing. However, influenced by historical tradition, economic and social development level as well as the limitations of the legislative level, divorce property division problems gradually appear a lot of confusion and difficulties. Such as real estate division, soaring housing prices, make the value of real estate is rising year by year. Division of property according to the survey, divorce proceedings, the principal contradiction of concentrated in the division of property. In judicial practice, and in the real estate is divided, more than the Supreme Court's judicial explanation involves divorce property's division, division of property has become the focus of social disputes and, however, the new marriage law and judicial interpretation for the rules of the division of property while more and more clear, but still can't end. Such as mortgage loans, which is to solve housing prices rise and buyers need an effective method, but the loan time is long, in this process, there may be some of the new situation, especially the mortgage of real estate, although there are rules, laws and regulations of different conditions on the ownership of the problem, but is not specific enough. In conclusion, real estate mortgage loans, the effectiveness of the terms of the division of property in divorce agreement, personal married fruits and value-added part of the problem such as how to divide, because of the particularity, become a difficult math problem in the divorce! Especially in "marriage law" explain 3 for the husband and wife property deals with how the article 10 of the applicable, is in focus, practice all over the country there are differences. To this end, the paper division of property in divorce are controversial in the judicial practice difficult problem are analyzed, the key to explore the division of property in divorce of husband and wife in a few class trial the difficulty, and put forward some Suggestions.