utilizing, profiting from and disposing of the property
jointly possessed by the husband and wife according
to law, which shall not be affected by the status
of income of either party.
Article
44 The State shall protect divorced
women's ownership of their houses.
At the time of divorce, the
husband and the wife shall seek agreement regarding
the disposition of their jointly possessed houses;
if they fail to reach an agreement, the people's court
shall make a judgment in accordance with the actual
circumstances of both parties and by taking into consideration
the rights and interests of the wife and their child(children),
except as otherwise agreed upon by the two parties.
In a case where the husband
and wife jointly rent a house or a room, the wife's
housing shall, at the time of divorce, be solved according
to the principle of taking into consideration the
rights and interests of the wife and their child(children).
In a case where the husband
and wife live in a house allocated by the unit to
which the husband belongs, if the wife has no housing
to live in at the time of divorce, the husband shall
help her in this regard whenever he can afford to.
Article
45 Both parents shall enjoy the equal
right to guardianship of their minor child(children).
In a case where the father
is deceased, incapacitated or under any other