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(一) 在司法实践中,对于共有财产分割中采取实物分割后变价分割的,共有人之间争议不大,人民法院也比较容易下判。但是,对于共有财产分割中采取作价补偿的,存在着许多问题难以解决。1.财产共有人对共有财产归属争执不休使案件难以下判或长期缠讼。由于采用作价补偿方法的共有财产往往是不可分割的,因此,财产共有人之间或均希望占有财物而给对方作价补偿,或均希望由对方占有财物而取得作价补偿款;有的虽然一方愿意取得实物,对方也愿意取得作价补偿款,但因
(1) In judicial practice, there is little controversy between the co-owners for the purpose of splitting the price after the physical separation is adopted in the division of the common property, and the people's court is also less likely to adjudicate. However, there are many problems that can not be solved for the price compensation in the division of common property. 1. Owners of property have endless disputes over the ownership of the common property, making the case difficult to adjudicate or prolonged. Since the common property that adopts the method of price compensation is often inseparable, the owners of the property either want to take possession of property and compensate each other for compensation, or they both hope that the other party can obtain the compensation for the price by possessing the property; and while some are willing to obtain In kind, each other is also willing to obtain compensation for the price, but because