At the time of divorce, the joint property of the husband and wife shall be disposed of 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.
Legal basis:
Article 1087 of the Civil Code stipulates 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.
According to the provisions of Article 1062 of the Civil Code, the following property acquired by the husband and wife during their marriage relationship shall be the joint property of the husband and wife, and shall be jointly owned by them:
(1) Wages, bonuses and labor remuneration;
(2) Income from production, operation and investment;
(3) Income from intellectual property;
(4) Inherited or donated property, with the exception of the third item of Article 1063 of this Law;
(5) Other properties that should be jointly owned.
Husband and wife have equal rights to dispose of their common property.