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“.
The articles related to community property in the Chinese Civil Code include:
Article 1062 The following property acquired by the spouses during their marriage constitutes community property and are jointly owned by the spouses:
(1) salaries and wages, as well as bonuses and other remuneration, received from services rendered;
(2) proceeds obtained from production, business operation, and investment;
(3) proceeds arising from intellectual property rights;
(4) except as otherwise provided in Subparagraph (3) of Article 1063 of this Code, property acquired from inheritance or given as a gift; and
(5) other property that shall be jointly owned by the spouses.
Husband and wife have equal rights when disposing of the community property.
Article 1063 The following property constitutes separate property of one of the spouses:
(1) premarital property of one spouse;
(2) compensation or indemnification received by one spouse for injury inflicted upon him;
(3) property that belongs to only one spouse as provided in a will or gift contract;
(4) articles exclusively used by one spouse for daily life; and
(5) other property that shall be owned by one spouse.
Article 1064 Debts incurred according to the common expression of the intent of both spouses, such as a debt jointly signed by both spouses and a debt signed by one spouse and subsequently ratified by the other spouse, and debts incurred by one of the spouses in his own name during the marriage to meet the daily needs of the family, constitute community debts.
A debt incurred by one of the spouses in his own name during the marriage in excess of the daily needs of the family is not a community debt, unless the creditor may prove that such debt is used for both spouses’ daily life or for joint production and operation of the spouses, or such debt incurs according to the common expression of the intent of both spouses.
Article 1065 A man and a woman may agree that their premarital property and the property to be acquired by them during their marriage may be owned by them separately or jointly, or partially owned separately and partially owned jointly. The agreement shall be in writing.
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.