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How Is Property Divided in A Divorce?

Firstly, upon divorce, marital property (community property) will be distributed, while non-marital property (personal property) will not be distributed and each spouse still keeps his/her personal property.

Secondly, the husband and wife may negotiate how to distribute the marital properties. If such negotiation fails, they may request the court to distribute the properties.

Thirdly, the court will follow the principle of equal distribution of marital properties. However, more properties will be distributed to: (1) the party who has obtained the custody right of child (children); (2) the wife; (3) the party who is not at fault in divorce; and (4) the party who takes more care of family members during marriage.

Fourthly, after divorce, neither party shall give the other party alimony, but the party who does not have custody rights shall bear part of the fees for bringing up the child (children).



Civil Code of China: Part V Marriage and Family (2020): Article 1085, 1087

Contributors: CJO Staff Contributors Team

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