First of all, both parties should negotiate. The specific negotiation content includes three aspects: first, the value of the house; second, which party will use the house when the two parties divorce, and obtain full ownership of the house; The third is the amount of compensation that the party acquiring the house should pay to the other party and the method of payment. If both parties voluntarily reach a partition agreement, both parties must perform in accordance with the agreement. If one party violates the agreement and refuses to perform the agreement, the other party can file a lawsuit in court to require the other party to perform in accordance with the agreement and bear liability for breach of contract. Of course, except if the agreement is invalid or revoked. If the parties cannot reach an agreement, the court will only deal with the right to use the house, not the ownership of the house. Legal Objectives:
Interpretation of the Supreme People's Court on the Application of the "Code of the People's Republic of China" on Marriage and Family (1) Article 76 The value of a house owned by the same property and the If an agreement cannot be reached on the ownership, the people's court shall handle it according to the following circumstances: (1) If both parties claim ownership of the house and agree to obtain it through bidding, permission shall be granted; (2) Both parties claim ownership of the house and agree to obtain it through bidding (1) ) If both parties claim ownership of the house and agree to obtain it through bidding, it shall be allowed; (2) If one party claims ownership of the house, the appraisal agency will evaluate the house according to the market price, and the party who obtains the ownership of the house shall give corresponding compensation to the other party ; (3) If neither party claims ownership of the house, the house will be auctioned or sold according to the application of the parties, and the proceeds will be divided.