Auction houses generally refer to houses under construction, which have not been completed and cannot be delivered for use. If there is a dispute between the two parties over the house that has not yet obtained ownership or full ownership at the time of divorce, the court will not make a judgment on the ownership of the house, but only decide who will use the house.

After the ownership of the house is obtained, the parties will sue separately to solve the final ownership problem. Before the ownership problem is solved, the value-added part of the house still belongs to the same property of both parties. If the husband and wife buy an auction house and fail to hand it over, and then divorce, they can negotiate. If the husband and wife divorce, they can reach an agreement on the ownership of the house. If no agreement can be reached, you can bring a lawsuit to the people's court after obtaining the ownership of the house, and the people's court will make a judgment according to the situation of both parties. In other words, they can only file a lawsuit in the people's court and ask the people's court to make a judgment after the house is delivered.

legal ground

The Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (I) Article 77 If the two parties have a dispute over the house that has not yet obtained ownership or full ownership, and negotiation fails, the people's court shall not judge the ownership of the house, but shall judge that it should be used by the parties according to the actual situation. After the parties have obtained the full ownership of the house specified in the preceding paragraph, if there is any dispute, they may bring a lawsuit to the people's court separately.