The division of the joint property of divorced husband and wife shall be negotiated by both parties. If the negotiation fails, they can bring a lawsuit to the court.
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, it shall be permitted;
(2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house at the market price, and the party who obtains the ownership of the house shall give corresponding compensation to the other party;
(3) If neither party claims the ownership of the house, the proceeds shall be divided according to the application of the party concerned for auction and sale of the house.
[Legal Basis]
Article 1087 of the Civil Code states that at the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.
The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.