When divorce divides the husbands and wives joint property, must first look whether the litigant does have the agreement to the property, who do the husband and wife turn over to the property to possess by the written form or by the spoken form agreement, both sides do not have the dispute, and content legitimate effective, should according to agreement processing. The husband and wife non-agreement, has agreement but both sides to have the dispute or the agreement content is illegal, processes according to the legal joint property system. To the husbands and wives legal joint property's division, first should by the litigant under voluntary, the legitimate premise achieve the agreement solution. When the agreement is inadequate, again lawsuit solution.