China-based Cross-border Family Matters Services, including Marriage and Succession.
What Is Separate Property in Divorce in China?
What Is Separate Property in Divorce in China?

What Is Separate Property in Divorce 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.

According to Chinese law, 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. 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.
  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.
  5. 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.


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 (julia.yuan@chinajusticeobserver.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.

Latest Posts on China-Related Cross-Border Marriage Matters

Photo by Roy Javier on Unsplash

Leave a Reply

Your email address will not be published.