According to the relevant laws and regulations of our country, if the husband and wife divide the common house when they divorce, if they can limit the complete property rights, the two parties shall negotiate the division. If the negotiation fails, they shall file a lawsuit to the court. If they do not obtain the property rights, it is not appropriate to judge the ownership of the house, and they shall deal with it after obtaining the ownership rights.
 Marriage Law of the People's Republic of China
 Article 39 [Divorce treatment of husband and wife's common property] At the time of divorce, if the two parties fail to reach an agreement on the treatment of the husband and wife's common property, the people's court shall make a judgment based on 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.
 Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)
 Article 20 If both parties fail to reach an agreement on the value and ownership of the house in the husband and wife's common property, the people's court shall deal with it according to the following circumstances:
 （1） If both parties claim the ownership of the house and agree to obtain it through competitive bidding, permission shall be granted
 （2） If one party claims the ownership of the house, the appraisal agency shall evaluate the house at the market price, and the party obtaining the ownership of the house shall give corresponding compensation to the other party
 （3） If neither party claims the ownership of the house, the house shall be auctioned according to the application of the party concerned, and the proceeds shall be divided.
 Article 21 If, at the time of divorce, the two parties have a dispute over a house that has not yet obtained ownership or full ownership and no agreement can be reached through consultation, the people's court should not make a judgment on the ownership of the house, but should make a judgment according to the actual situation that the house should be used by the parties.
 After the parties concerned have obtained full ownership of the houses mentioned in the preceding paragraph, if there is a dispute, they may file a separate lawsuit in the people's court.