How to Divide a House in a Divorce Case
How to Divide a House in a Divorce Case
Man and wife may reach an agreement on the ownership of a house which is their community property. If such an agreement is conditional on their divorce by agreement or through mediation, it is valid if they get a divorce by agreement or through mediation, but is invalid if they fail to get a divorce by agreement or through mediation.
If such an agreement becomes invalid in a divorce case, man and wife may reach a new agreement before or during the divorce proceedings and request the court to make a decree or consent decree based thereon.
But if man and wife fail to reach an agreement on the value and ownership of a house which is their community property, the house will be divided between them as follows:
1. Both spouses claim ownership
If both man and wife claim the ownership of the house, and agree to obtain the ownership through bidding, the court will approve such an agreement.
2. Either spouse claims ownership
If either man or wife claims the ownership of the house, the house shall be evaluated at market price. In such a case, the spouse who is granted the ownership of the house is obligated to pay appropriate compensation to the other spouse.
3. Neither spouse claims ownership
If neither man nor wife claims the ownership of the house, they may request the court to sell the house by auction or on consignment. And the proceeds from such sale will be deemed their community property and divided between them.
Robert Zhang 
Steve Li 