1、 How to divide divorce property
The joint property of husband and wife shall be equally divided in principle. According to the actual needs of production and life and the source of property, the specific treatment can also be different. Articles belonging to personal use generally belong to individuals. Article 17 of the Marriage Law of the People's Republic of China, the following property acquired by husband and wife during their 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.
2、 Legal basis
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (I) Article 19, Article 18 of the Marriage Law stipulates that the property owned by one of the spouses shall not be transformed into the joint property of the spouses due to the continuation of the marriage relationship. Unless otherwise agreed by the parties.
Article 13 of the Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Property Division in the Trial of Divorce Cases: The houses jointly owned by husband and wife that are not suitable for division and use shall be distributed to one party according to the housing conditions of both parties and the principles of caring for the child rearing party or the innocent party. The party who gets the house shall compensate the other party with half of the value of the house. If the conditions of both parties are equal, the woman shall be taken care of.
