The following properties acquired by the husband and the wife during the marriage shall be marital property, i.e, the community property owned by married couples:
- salaries, remunerations;
- proceeds gained by business running or investment;
- incomes arising out of intellectual property rights;
- property inherited or gained by gift, except in the case of the properties that are possessed by only one party as determined by a will or by a contract of gift;
- other properties which shall be in their joint possession.
The following properties are non-marital properties, i.e., the personal property owned by either party of the couple:
- the properties that belong to either party before marriage;
- indemnity or compensation obtained by either party due to his/her personal injury;
- the properties that are possessed by only one party as determined by a will or by a contract of gift;
- the daily necessities of one party;
- other properties which should be in the possession of one party.
Nevertheless, the husband and wife may enter into a separate agreement to stipulate whether the specific property is marital property or personal property.
References:
Civil Code of China: Part V Marriage and Family (2020): Article 1062, 1063, 1065
Contributors: CJO Staff Contributors Team
