What Is Separate Property in Divorce in China?
If a property is the separate property of one spouse, then in the event of a divorce, it remains the property of that spouse alone and will not be divided or acquired by the other spouse.
According to Chinese law, the following property constitutes separate property of one of the spouses:
- premarital property of one spouse.
- compensation or indemnification received by one spouse for injury inflicted upon him. Specifically, the casualty insurance benefits, disability allowances, and medical and cost-of-living allowances for military personnel shall fall within the scope of their separate property.
- property that belongs to only one spouse as provided in a will or gift contract.
- articles exclusively used by one spouse for daily life.
- other property that shall be owned by one spouse.
The aforementioned separate property of one of the spouses shall not be converted into the community property because of the continuation of the marital relationship, except as otherwise agreed upon by the parties.
The above content is based on Article 1063 of the Civil Code of the People’s Republic of China, and Articles 30-31, the Supreme People’s Court’s Interpretation (I) on the Application of the ‘Marriage and Family’ Book of the Civil Code of the People’s Republic of China.
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- Can I Divorce My Wife if She Lives in China and I Live in Another Country?You can file for divorce with either a court in your country or a Chinese court.
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- What Do You Do With the House in a Divorce in China?If you and your spouse need to divide a house at divorce, there are three ways: (1) one party gets the house and the other gets cash; (2) both parties get cash; (3) the two parties share the house on a pro rata basis.
- 4 Tips on How Is Property Divided in a Divorce in ChinaThe husband and wife may negotiate to determine the property division plan. If there is no property division agreement, the personal property remains the property of that spouse alone and the marital property may be split 50/50 between the couple.
- How Do Foreigners Get a Divorce in China?There are three ways for foreigners to get a divorce in China: divorce registration by agreement, filing a divorce lawsuit, and the recognition of foreign divorce judgment in China.
- What Is Separate Property in Divorce in China?If a property is the separate property of one spouse, then in the event of a divorce, it remains the property of that spouse alone and will not be divided or acquired by the other spouse.
- What’s Considered Marital Property in Divorce in China?If a property is marital property, it will be divided equally between the spouses on a 50/50 basis in the event of a divorce.