According to the provisions of the Marriage Law of the People's Republic of China:
Article 39 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.
Article 40 Husband and wife agree in writing that the property acquired during the marriage relationship shall be owned by each other. If one party pays more obligations for raising children, caring for the elderly and assisting the other party in work. , it has the right to demand compensation from the other party at the time of divorce, and the other party shall pay compensation.
Extended data
The Supreme People's Court's explanation on some issues concerning the application of the Marriage Law of the People's Republic of China (II);
Twentieth the two sides can not reach an agreement on the value and ownership of the house in the joint property of husband and wife, the people's court shall handle it according to the following circumstances:
(a) the two sides claim the ownership of the house and agree to bid, which should be allowed;
(two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation;
(three) if neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties and the proceeds shall be divided.
Article 21 In case of a dispute between the two parties over a house that has not yet acquired ownership or full ownership at the time of divorce, if negotiation fails, the people's court shall not judge the ownership of the house, but shall judge that it should be used by both parties according to the actual situation.
After the parties have obtained the full ownership of the house specified in the preceding paragraph, if there is any dispute, they may bring a lawsuit to the people's court separately.
Jinhu County People's Government-Marriage Law of the People's Republic of China
Baidu Encyclopedia-the Supreme People's Court's Opinions on the Application of the Marriage Law of the People's Republic of China