China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

What Is Community Property Law in China? - CFM 101 Series

Tue, 22 Feb 2022
Contributors: Meng Yu 余萌
Editor: C. J. Observer

avatar

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“.

This post was first published in CJO Family, which is committed to providing consulting services China-based cross-border family matters services, including marriage and succession.

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.

 

The Cross-border Family Matters 101 Series (‘CFM 101 Series’) provides an introduction to China-related cross-border family matters (marriage and succession), and covers the knowledge essential to cross-border family matter management.

 

* * *

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).

CJO Family is a product of China Justice Observer.

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.

 

Photo by Mick Haupt on Unsplash

Contributors: Meng Yu 余萌

Save as PDF

You might also like

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.

China Issues Regulations to Protect Minor Online

In October 2023, China’s State Council promulgated the Regulations on Minors’ Internet Protection (未成年人网络保护条例), aiming to clarify what cyber information is suitable for minors, protect their personal information, and curb internet addiction among minors.

Beijing Chaoyang Court Issues White Paper on Foreign-Related Family Cases

In September 2023, Beijing's Chaoyang Court released a white paper on foreign-related family cases, highlighting key insights from 717 cases spanning 2018-2022, with divorce and inheritance disputes accounting for the majority, and addressing procedural and substantive issues in eight typical cases.