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CFM 101 Series: What Is Separate Property in Divorce in China?

Sat, 09 Oct 2021
Contributors: Meng Yu 余萌

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If a property is the separate property of one spouse, then in the event of a divorce, it remains the property of that spouse alone and will not be divided or acquired by the other spouse.

According to Chinese law, 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. Specifically, the casualty insurance benefits, disability allowances, and medical and cost-of-living allowances for military personnel shall fall within the scope of their separate property.

(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.

(5) other property that shall be owned by one spouse.

The aforementioned separate property of one of the spouses shall not be converted into the community property because of the continuation of the marital relationship, except as otherwise agreed upon by the parties.

The above content is based on Article 1063 of the Civil Code of the People's Republic of China,  and Articles 30-31, the Supreme People’s Court’s Interpretation (I) on the Application of the ‘Marriage and Family’ Book of the Civil Code of the People's Republic of China.

 

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.

 

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Photo by Roy Javier on Unsplash

Contributors: Meng Yu 余萌

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