4 Tips on How Is Property Divided in a Divorce in China
- The husband and wife may negotiate to determine the property division plan.
- If there is no property division agreement, the personal property (non-marital property) remains the property of that spouse alone and the marital property (community property) may be split 50/50 between the couple.
- Under special circumstances, one party may be granted more than half of the marital property.
- The man is not required to pay alimony to his ex-wife after the divorce, but the party without child custody right is required to pay child maintenance allowance to the other party.
1. The couple negotiate to determine the property division plan.
The couple can sign an agreement to determine the property division.
In China, there are two kinds of such agreements:
(1) Agreement on the property classification
Such agreement refers to the one where the parties jointly agree upon which property is personal property (non-marital property) of each party and which is marital property (community property).
The agreement is not conditional on divorce. It may be concluded when divorce has not yet occurred. For example, it can be concluded before or during the marriage.
In the event of divorce, both parties only need to divide the marital property listed in the agreement. Personal property will not be distributed and each spouse still keeps his/her personal property.
Once such an agreement takes into effect, neither party may repudiate it.
(2) Divorce property settlement agreement
Such agreement refers to the one where the parties agree upon how to divide the property in the event of divorce.
Such agreement is conditional on divorce. It does not become effective and enforceable until the divorce becomes effective.
Therefore, either party may repudiate the agreement before the divorce takes effect. The court will then decide that the agreement is not valid.
2. The marital property and debt is split 50/50 between the spouses.
Among the property of the husband and wife:
(1) the personal property of the spouse shall remain in his/her own property after divorce;
(2) the marital property and debts of husband and wife shall be jointly owned by both parties before divorce, and shall be divided 50/50 each after divorce.
3. Under special circumstances, the spouse may receive slightly over 50% of the marital property.
If either party satisfies any of the following conditions, he/she may be granted slightly more marital property than the other party:
(1) during the marriage, he/she bears more burden of raising children, taking care of the elderly, and assisting the other party in work;
(2) during the marriage, the other party has faults, such as bigamy, infidelity, and domestic violence;
(3) during the marriage, the other party conceals, transfers, sells off, destroys, and squanders the couple’s marital property; or
(4) the party is responsible for bringing up the children after marriage;
Sometimes the wife may be granted more property, but not always.
In such cases, the court shall determine how much property the party may be granted.
4. Child maintenance allowance but not alimony for wife is required in China.
After divorce, if one party directly raises up the children, the other party shall bear part or all of the child maintenance allowance.
The amount and payment period of the child maintenance allowance shall be agreed upon by both parties. If they fail to reach an agreement, it shall be determined by the court.
However, the man is not required to pay alimony to his ex-wife who does not remarry after the divorce, as it is not stipulated under Chinese laws.
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Latest Posts on China-Related Cross-Border Marriage Matters
- Does China Have Alimony?The answer is NO. There is no alimony in China.
- What Is Community Property Law in China?￼There is no community property law in China. But you can find the relevant articles in “China’s Civil Code of China: Book V Marriage and Family”.
- Do I Have to Support My Ex Wife after Divorce in China?￼The answer is NO. You don’t have to support your ex-wife after divorce in China.
- 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.
- Does China Have Spousal Support?The answer is NO. There is no spousal support or Alimony in China.
- 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.
Photo by Qiyan Zhang on Unsplash
Couples who can’t manage this will end up going to court to ask for a decision from an arbitrator or a judge. Whether you handle your own property division, or a court handles it for you, there are three crucial steps to the process: determine whether the property or debt is community or separate agree on a value for community property, and decide how to divide the property.
Once you assign a value to your property, you and your spouse will either agree to split the money or ask the court to do it for you. Under the divorce rules in California, spouses can divide assets by assigning certain items to each spouse, by allowing one spouse to “buy out” the other’s share of an asset, or by selling assets and dividing the proceeds. They can also agree to hold property together even after the divorce.