캘리포니아와 플로리다 주 등에서 부부공동소유권과 일반공동소유권에 대한 소고 = A Study on the General Concurrent Estates and Marital Property in Florida and California State Etc

미국의 부동산 공동소유권 제도와 부부재산 관계를 고찰한다.

1. CONTENTS (1) RESEARCH OBJECTIVES In the U.S. real estate, Concurrent Estates is the right of two or more people to the real estate jointly. Concurrent estate is often disputed because many people own the same property. However, there are many problems in Korea due to the lack of institutional support for Concurrent Estates (or Co-tenancy, Co-ownership). In the U.S. real estate, the concurrent estates system protects the rights of the Concurrent Estates in various and sophisticated legal systems and ensures legal stability. Therefore, in this study, we first look at the form of marital property and its contents in order to review Marital Property of US Realty.

The purpose of this study in the concurrent estates in the american real estate, we will examine the tenancy in common and joint-tenancy among the general concurrent estates of US real estate to protect the rights of the concurrent estates and to make legal stability. (2) RESEARCH METHOD The methodology is to analyze and investigate major foreign literatures and supreme court precedents and case law in order to suggest any problems and improvement plans. (3) RESEARCH FINDINGS In Korea, if one spouse is killed, there is no Right of Survivorship like the United States, so a measure is needed to protect the spouse.

And, Korea has been able to dispose of it without the consent of the other spouse (Article 830 of the Civil Act, etc), so there are a lot of problems. 2. RESULTS Korea should also protect its surviving spouse by reviewing the system of Right of Survivorship in the United States. This study proposed that if you have registered your ownership with one of your spouses, you should review the Community Property so that you can sell it with the consent of all your spouses and sign it. In doing so, they should have equal rights and stable care for all of their spouses.