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What Is Marital and Non-marital Property?

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:

  1. salaries, remunerations;
  2. proceeds gained by business running or investment;
  3. incomes arising out of intellectual property rights;
  4. 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;
  5. 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:

  1. the properties that belong to either party before marriage;
  2. indemnity or compensation obtained by either party due to his/her personal injury;
  3. the properties that are possessed by only one party as determined by a will or by a contract of gift;
  4. the daily necessities of one party;
  5. 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

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