Research On House Property Division For Divorced Couples

With the development of social economy,people’s concept of marriage is changing constantly,and the divorce rate is also increasing.The housing segmentation with divorce has been the most controversial issue in judicial practice.This paper studies and analyze various aspects of division of marital house property,such as segmentation principle,segmentation method.Combine with a typical case to elaborate the divorce property division related to legal issues,and compare and analyze the foreign relevant provisions.The author puts forward some suggestions for improvement according to the marriage law of our country for lack of housing in the division of property in divorce.The first part is mainly about the principle and consideration of marital property division.After defining the principle of marital property division in China,this paper compares the principles and considerations of the United States,the United Kingdom,Germany and other countries,and puts forward two suggestions for improvement.The segmentation principle in our country is too simple and general.First,need to refine the principle of regulation,increase the property division considerations,and two is a clear plan to take care of children’s interests,specific programs;The second part analyzes the method of marital property division,compares and analyzes the methods of segmentation between China and Britain,Germany and Australia,and puts forward three suggestions.The first is to set up the applicable and restrictive conditions for the method of division,two is to set up diversified segmentation methods,and three is to introduce the method of partitioning the right of residence and ownership.The third part analyze the present controversial marital mortgage housing division,first pointed out that some controversial mortgage division,including consideration of judgment and the ownership of housing mortgage,and discussing a divorce property division when the way of identification and properties of the value-added part of the housing.In addition,the article also discusses the issue of house depreciation that has not been involved in judicial interpretation and judicial practice,and puts forward three suggestions on the disputes in judicial practice.First is not to obtain time for property ownership certificate to determine the ownership of housing standards,second is the proportion of the couple owing on the loan as the proposed criteria for determining the ownership of housing,third is clear housing appreciation and devaluation compensation calculation.The fourth part discusses another division of marital house typical problems,namely parents financed the ownership and division of housing purchase,for the investor and the investor of different time,discussed a parent investment buyers for their children and their parents pay for treatment of the purchase of children.