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Can Property Acquired Prior to Marriage Be Divided upon Divorce?

The answer is No.

The property of either of the couples acquired prior to marriage is non-marital property, i.e., the personal property owned by the one party. In the event of divorce, only marital properties will be divided, instead of personal properties.

The couple may also enter into an agreement that certain properties acquired prior to marriage are deemed as marital properties, which shall be distributed during divorce.

 

References:

Civil Code of China: Part V Marriage and Family (2020): Article 1063, 1065, 1067.

 

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Contributors: CJO Staff Contributors Team

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