Marriage and divorce

7. Property ownership acquired while the spousal relationship subsists

According to the relevant legal provisions in China, the property acquired by the husband and wife while their spousal relationship subsists shall be in their joint ownership, unless they have agreed otherwise. Husband and wife shall enjoy equal rights in the disposition of their jointly owned property.

In accordance with the provisions of the Marriage Law, the following items of property acquired by husband and wife during the period in which they are under contract of marriage shall be jointly owned: pay and bonus; earnings from production and operation; earnings from intellectual property rights; property obtained from inheritance of gift except as provided for in Article 18 (3) of this Law; and any other items of property which shall be in their joint ownership, for example: proceeds obtained from investment of personal property of one party; housing allowance and housing accumulative funds actually acquired or should acquired by both parties; and pension insurance and bankruptcy resettlement compensation actually acquired or should acquire by both parties. Husband and wife shall enjoy equal rights in the disposition of their jointly owned property.

The Marriage Law also provides that so far as the property acquired during the period in which they are under contract of marriage and the prenuptial property are concerned, husband and wife may agree as to whether they should be in the separate possession, joint possession or partly separate possession and partly joint possession.