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单位公有住宅补贴出售给职工,即私买的公房,是全面改革我国现行住房制度的重要内容,随着改革的进一步深入和发展,私买的公房已成为寻常百姓家庭重要的财产组成部分。一旦夫妻分道扬镳,家庭解体时,在离婚案件共同财产的分割中必然涉及到所买公房的分割,离婚双方往往就房产争执不休,形成更多而又复杂的案中案,而且这种房产本身特有的福利性、补贴性、优惠性和产权交易的附条件性、房产固有的巨大可增值性、整体不宜分割性,给法院处理案件带来较大难度。加之我国房地产方面的法律、法规尚不够完善,审判实践对此种夫妻共同财产的分割做法不一,有必要给其严格统一又合乎情理的具体“说法”。
The sale of subsidies for public housing units to employees, that is, private-owned public housing, is an important part of the overall reform of the current housing system in our country. With the further deepening and development of the reform, privately-owned public houses have become an important part of the property of ordinary people. Once the husband and wife parted ways, when the family disintegrated, the division of the common property must necessarily involve the division of the public housing bought in divorce cases. Both divorce parties often dispute over the real estate property to form more and complicated cases, and the property itself is unique The welfare, subsidies, preferential and property transactions conditional, the inherent huge value-added property, the overall should not be divided, to the court to deal with the case more difficult. In addition, China's real estate laws and regulations are not yet perfect. Trial practice of this kind of separation of common property between husband and wife is not the same, it is necessary to give them a strict uniform and reasonable “statement.”