1、 If there is a name on the property certificate, or if there is no name on the property certificate but it can prove that he has actually contributed, then the real estate can be divided. If both parties have an agreement on the division of property, it shall be divided according to the agreed division. If there is no agreement and no consensus, it shall be divided according to the proportion of capital contribution. Only registered marriages are valid. If no marriage certificate is obtained, the house purchased together will not belong to the joint ownership of the husband and wife, but will be shared according to the share.
2、 China's Property Law
Article 95
The joint owners jointly enjoy the ownership of the commonly owned immovables or chattels.
Article 96
The co owners manage the jointly owned immovables or movables in accordance with the agreement; In the absence of or unclear agreement, each co owner has the right and obligation to manage.
Article 98
Where there is an agreement on the management fees and other burdens of the jointly owned property, the agreement shall prevail; If there is no agreement or the agreement is not clear, the co owners shall bear it according to their shares, and the co owners shall bear it jointly.