离婚诉讼中房屋权利确认及分割之疑点研究

Doubts Research on the Housing Property Confirmed and Split in Divorce Proceedings

离婚案件中,解决房屋权利确认及分割问题,一直是化解婚姻矛盾、平息财产纠纷的重点。但房屋权利问题往往涉及各种情况,包含多方利益,同时也是司法认定中的难点。目前,在离婚房屋诉讼审判实践中,对于"父母出资购房"的含义,按福利政策购买的房改房权利的确认,登记在未成年子女名下房屋是否构成赠与,离婚时尚未分割遗产的处理,对一方出资装修价值的认定等等,均存有较大的争议。对于此类案件,处理好保护个人财产和尊重家庭伦理这两种价值的平衡,最大程度的符合当前中国社会普遍认可的价值观,是解决争议的关键。

The settlement of housing property confirmed and split in divorce cases has been the key point in resolving marital conflict and quelling property disputes. Housing property, however, usually involves a variety of cases and the interests of many parties and is regarded as difficulties in the judicial determination. At present, in judicial practice concerning divorced housing property, such disputes as the connotation of ＂parents financed house purchase＂, the confirmation of the right to purchase housing according to welfare policy, whether if constitutes a gift to house registered in the name of minor children, the means to split undivided heritage, and the value of decoration from one party are still the focus of conflicts. For such cases, the key point to resolve the dispute lies in the proper way to balance the two values of individual property protection and family ethnic and to the maximum extent is in line with the current universally recognized values of Chinese society