What Belongs to Joint Property of Spouses? - China
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Basically, properties gotten after marriage by husand and wife belong to joint property. Laws and regulations have specific articles on this subject. Let us review it.
According to the China Marriage Law, the following properties incurred during the existence of marriage shall be jointly owned by both husband and wife:
a. Wages and bonuses;
b. Any income incurred from production and business operation;
c. Any income incurred from intellectual property;
d. Any property inherited or bestowed, with the exception that the property is given one specially appointed spouse in the will or legacy protocol;
e. Other properties that shall be jointly owned.
Except for the above said, the properties, which are gotten before pre-marriage, for exclusive use by one spouse, damages for personal injuries, and specially appointed legacy, shall belong to the spouse exclusively.
If one spouse invests with his/her personal property after marriage, the income or incomes by the investment shall be deemed as joint property, only if the income/incomes belong to fructus naturales.
According to related judicial interpretations, if one spouse buys real estate with down payment before marriage, pay the mortgage by himself/herself, and the real estate is registered under the spouse’s name, then the real estate shall be personal property, as long as compensating the other spouse some values as divorce.
ABOUT THE AUTHOR: Attorney Yide Hao
Yingke is a full-service, international law firm, with its headquarters located in Beijing. Founded in 2001, Yingke Law Firm has already established a reputation in the Chinese legal services market. With more than 2000 lawyers, we are now one of the largest law firms in Asia and our aim is to forge a leading Chinese firm on a global scale, echoing China's economic reform and social development.
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More information about Yingke Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
a. Wages and bonuses;
b. Any income incurred from production and business operation;
c. Any income incurred from intellectual property;
d. Any property inherited or bestowed, with the exception that the property is given one specially appointed spouse in the will or legacy protocol;
e. Other properties that shall be jointly owned.
Except for the above said, the properties, which are gotten before pre-marriage, for exclusive use by one spouse, damages for personal injuries, and specially appointed legacy, shall belong to the spouse exclusively.
If one spouse invests with his/her personal property after marriage, the income or incomes by the investment shall be deemed as joint property, only if the income/incomes belong to fructus naturales.
According to related judicial interpretations, if one spouse buys real estate with down payment before marriage, pay the mortgage by himself/herself, and the real estate is registered under the spouse’s name, then the real estate shall be personal property, as long as compensating the other spouse some values as divorce.
ABOUT THE AUTHOR: Attorney Yide Hao
Yingke is a full-service, international law firm, with its headquarters located in Beijing. Founded in 2001, Yingke Law Firm has already established a reputation in the Chinese legal services market. With more than 2000 lawyers, we are now one of the largest law firms in Asia and our aim is to forge a leading Chinese firm on a global scale, echoing China's economic reform and social development.
Copyright Yingke Law Firm
More information about Yingke Law Firm
View all articles published by Yingke Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
