If the house without property rights is divorced by agreement, both parties can determine which party owns it in the divorce agreement. If it is a lawsuit divorce, the court will not divide it. After divorce, when to obtain the property ownership certificate, and then re sue for division.
 Judicial Interpretation of Marriage Law
 （2） Article 21: If at the time of divorce, the two 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.
 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.