At the time of divorce, the legal joint property of husband and wife should be divided according to the wishes of both parties. If it cannot be divided by agreement, the court will make a judgment in accordance with the principle of caring for children, the rights and interests of the woman and the innocent party.
 Specifically, the scope of marital property includes:
 1. Salary and bonus. Wages "refer to various labor remunerations, including standard wages, and various bonuses, allowances and subsidies with specified standards, according to the national statistics of total on-the-job wages. "Bonus" refers to a certain amount of monetary rewards, such as athlete ranking award, scientific research achievement award, etc., given by the state, government and other authoritative organizations to specific subjects who have made special contributions or achieved excellent results, in addition to the labor remuneration of total wages. These bonuses should be included in the common property of husband and wife.
 2. Income from production and operation. The income from production and business operation refers to the income obtained by citizens from engaging in production and business operations within the scope permitted by law. The legal matrimonial property system in China is the matrimonial income joint system, so the matrimonial income (including personal investment income) should be the matrimonial joint property if there is no legal agreement.
 3. Income from intellectual property
 Intellectual property rights are the exclusive rights that people enjoy according to law with respect to the results of their intellectual creation. Although intangible, intellectual property rights are all "rights based real rights" that can bring wealth, so in current divorce cases, the intellectual property rights involved can also be divided as the joint property of husband and wife. But this does not mean that all rights in intellectual property can be shared by husband and wife. Because intellectual property is based on the results of people's intellectual creation, from the principle of fairness, the rights and interests of the party who pays the labor should be taken care of.
 4. Property acquired by inheritance or gift. The property obtained by one of the husband and wife through inheritance or donation is the joint property of the husband and wife. However, if the decedent or the donor can clearly return to one party, the law protects the right to dispose of private property. This special designation has legal effect and is protected by law.
 5. The income obtained by one party through personal property investment. The income obtained by one party through personal property investment refers to the material benefits obtained by the husband or wife through personal property investment during the duration of the husband wife relationship. The income here should refer to fruits. The personal property here refers to the personal property belonging to the husband or wife before marriage, and also refers to the personal property agreed to belong to the husband or wife after marriage. Investment may occur before marriage or after marriage. The income from one party's investment in personal property must be the income actually obtained during the duration of the marital relationship, not including the expected income.
 6. Housing subsidies, housing provident fund, pension insurance and bankruptcy resettlement subsidies actually obtained or should be obtained by both men and women.
 7. The recognition of the land use right obtained by one party before marriage. Under legal conditions, the right to the use of land can be sold, exchanged, given, leased, mortgaged and inherited according to law. Land and the rights in the right to the use of land have, to a certain extent, become important material wealth owned by individual citizens. In principle, the land use right obtained by one party before marriage should be recognized as personal property. The value of land use right after marriage can be regarded as a kind of interest generated according to the value of the land during the existence of the husband and wife relationship, which is a legal income. Therefore, it should be recognized as the joint property of the husband and wife, which is jointly owned by both parties.
 8. The determination of the joint property of husband and wife in the case involving shares. At present, there are two kinds of stocks issued in China: employee internal stocks and social public stocks. The shares held by the employees of a joint-stock enterprise that does not issue shares to the public can be recognized as the joint property of the husband and wife when the property is divided. If the husband and wife have disputes with other members of their family over the ownership of shares, the relationship between them can be recognized as a loan relationship and handled separately. If they buy social public shares, which can be transferred and traded, then the nature of such shares should be recognized as family common property, and each party should be divided according to the contribution.