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.
Table of Contents
1. One party gets the house and the other gets cash
If one party wants the house, he/she will have to pay the other cash as appropriate.
For example, if both parties divide the house equally, the party who gets the house shall pay 50% of the market price of the house to the other in cash.
This means that both parties can get 50% of the market price of the house, provided that the party who gets the house pays the other in cash.
Generally, this won’t be a small amount. So, why will one party want the house?
It is usually because he/she still wants to live in the house, or hold the house in order to obtain the return from the future appreciation of the house.
2. Both parties get cash
If neither party wants the house, then they can sell the house for cash.
After that, both parties will equally distribute the income at divorce under general circumstances.
In Way 1 above, the party who gets the house needs to pay a large amount of cash to the other. Under the circumstances where neither party has enough cash, they may choose this way.
3. The two parties share the house on a pro rata basis
If both parties want the house, they can jointly own the house on a pro-rata basis.
For example, if the two parties equally divide the house, then both of them can register themselves as owners of the house with the house registration authority, each holding 50% ownership thereof.
In this case, how to use the house?
If the house is physically dividable according to the said proportion, then both parties can delimit their respective use area of the house.
If the house is not physically dividable for use, then both parties will use the house together and shall not hinder the other party from doing so.
In this case, how to sell the house?
The sale of the house requires mutual consent. After the sale, both parties may distribute the income according to the registered ownership share.
Do you need support in Cross-Border Family Matters (Marriage and Succession)? CJO Family's team can provide you with China-based consulting service, including case assessment and management, background check, and debt collection (‘Last Mile’ Service). If you encounter any problems in cross-border family matters, or if you wish to share your story, you can contact our Client Manager Julia Yuan (email@example.com). If you want to know more about CJO Family, please click here. If you want to know more about CJO Family cross-border family matters service, please click here. If you wish to read more CJO Family articles on cross-border family matters, please click here.
- 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.