If at the time of divorce, both parties have a dispute over the house that has not yet obtained ownership or full ownership, and negotiation fails, the people's court should not judge the ownership of the house, but should make a judgment according to the actual situation that the house should be used by the parties.
 Article 17 of the Marriage Law states that the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:
 （1） Salary and bonus;
 （2） Income from production and operation;
 （3） Income from intellectual property;
 （4） Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law;
 （5） Other properties that should be jointly owned. Husband and wife have equal rights to dispose of jointly owned property.
 Article 39 of the Marriage Law states that at the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If no agreement is reached, the people's court shall make a judgment on the basis of the specific conditions of the property and the principle of taking care of the rights and interests of children and women. The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.