Divorce requires that the two parties agree to divide the property that belongs to the two persons in common, and cannot divide the property that belongs to one party's individual legitimate ownership.
Unless the housing is agreed in writing by both parties in advance.
Marriage Law:
Article 18
Under any of the following circumstances, it shall be the property of the husband and wife:
Premarital property of one party;
Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury;
The property determined in the will or gift contract to belong to the husband or wife only;
Daily necessities for one party;
Other properties that should belong to one party.
Article 19
The husband and wife may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply.
The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties.
If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts of the husband or wife to the outside world are known to the third party, the property owned by the husband or wife shall be used to pay off.
Article 39
At the time of divorce, the joint property of the husband and wife shall be disposed of by both parties through agreement; If no agreement is reached, the people's court shall make a judgment on the basis of the specific conditions of the property and the principle of taking care of the rights and interests of children and women.
The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.
Judicial Interpretation I of the Marriage Law:
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.
