Research On The Separation Of Small Property House Property In Divorce Lawsuit

With the progress of urbanization,more and more people are flowing into urban life,and the problem of housing tension is brought about by it.Due to the high housing prices,it is difficult for the working class to purchase a set of satisfactory housing.At the same time,the rural collectives or farmers are building a large number of limited property houses driven by the interest of housing prices.The working class has to retreat in the city.The second choice is to buy limited property houses.According to the existing laws of China,urban residents are not allowed to purchase limited property houses built on rural collective land.But in fact,many residents still buy limited property houses.This has led to more and more disputes about the creation of limited property houses in judicial practice.For example,in a divorce lawsuit,the husband and wife purchased limited property houses to live,and then because of the dissolution of the marriage relationship,both husband and wife in the property division want to obtain limited property houses and cause disputes.In practice,when judges receive disputes about limited property houses they often face many difficulties.For example,after the mortgage of limited property houses,limited property houses house that cannot handle the mortgage under the debt cannot be cleared,there is no way to enforce the limited property houses,the inheritance dispute of the small inheritance house in the family inheritance,and the dispute of splitting the limited property houses in the divorce lawsuit Wait.The purpose of this paper is to find out how to divide the limited property houses in the divorce case by querying the specific cases of how to divide the limited property houses in the divorce lawsuit,and how the judge will divide if the existing law does not provide for the division.Analyze whether the division is reasonable for both parties,and analyze the reasons for the unreasonable judgment.Finally,in thecurrent situation of the legal provisions of small property houses,in the judicial practice,in order to reasonably deal with the division of limited property houses in divorce proceedings,several suggestions for improvement are put forward.reasonable to handle the limited property houses in the divorce lawsuit.Divide the problem and make some suggestions for improvement.This article is divided into four parts.In the first part,in the legal document referee network,22 cases of 200 civil cases from 2014 to 2018 were collected for the division of limited property houses in divorce proceedings.Through the classification and analysis of the judgment results of these 22 cases,the status quo of limited property houses in divorce proceedings is summarized.In the second part,through the summary of the status quo of the division of limited property houses in judicial practice,this paper analyzes the problems existing in the divorce proceedings.The main problems include: the basis of the judgment is not uniform;the judgment compensation standard is not uniform;the appeal rate of both parties is high after the judgment.The third part analyzes the reasons for the problems in the division of property in limited property houses in divorce proceedings.First of all,it is fundamentally caused by China’s dual land system;secondly,limited property houses are born on the basis of the peasants and rural collective interests.Finally,our country’s laws do not protect the relevant interests of limited property houses.The fourth part,aiming at the above problems,puts forward some suggestions on how to deal with the division of limited property houses in divorce lawsuit in judicial practice.Including four suggestions are to classify the existing limited property houses,clarify the allocation criteria and compensation system,introduce relevant case guidance system,and promote the legalization of small property houses.