China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

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).

 

References:

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

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.

China Enhances Legal Aid Law Implementation

In November 2023, China’s Supreme People’s Court and other top judicial bodies jointly issued measures to implement the Legal Aid Law, clarifying responsibilities and ensuring parties' rights to legal aid.

China Revises Marine Environment Protection Law

In October 2023, the Standing Committee of the National People's Congress, China's legislature, promulgated the newly revised Marine Environment Protection Law, which imposes stricter regulations on activities in the marine environment and prohibits certain discharges and dumping.