How Is Property Split After Divorce

To understand how property is divided after a divorce, I will need to first introduce you to the concept of common property. Under Chinese law, property acquired during the marriage can be classified as either common property or separate property. Common property refers to property that is jointly owned by both spouses, while separate property refers to property that is owned by only one spouse.

Time is an important factor in determining whether a particular piece of property is considered to be common or separate. Property obtained during marriage is generally considered common property, while property obtained before marriage remains separate. Property includes chattel like your wages, watches, handbags and cars, and real estate which mainly refers to apartments or houses. The concept of me and you ceases to exist after marriage, and there is only us.

Everything obtained after a marriage is considered as common property unless it falls into one of the following categories, which are property obtained by one spouse as a gift or inheritance designated for individual gain only, property obtained by one spouse before the marriage and not used for common purposes during the marriage, property obtained by one spouse through compensation for personal injury or damage to personal property, unless such compensation is intended to compensate for loss of income, and property that is for personal use only, like clothes and toothbrushes.

When a marriage dissolves, either through divorce or the death of one spouse, the common property must be divided between the two parties. The division of common property should be based on the principle of equality, which means that each party should receive an equal share of the property. However, there are certain factors that may be taken into consideration when dividing the property. For example, if one spouse contributed significantly more to the acquisition or maintenance of the property than the other, this may be seen as a reason for unequal distribution.

Property that cannot simply be split equally between the two parties may present difficulties. A good example would be a car, watch or even a bed. If you cut a watch or saw a car in half it would render it worthless. In such cases, the court may order that the property be sold and the proceeds be divided equally between the two parties. Alternatively, one party may be allowed to keep the property in exchange for compensating the other party with cash or another asset.

It’s worth noting that prenuptial agreements are common in China, and couples may choose to include provisions for the division of property in their agreement. Such agreements can provide a clear framework for how property will be divided in the event of divorce or the death of one spouse and I would certainly advise you to get one professionally written by a lawyer to avoid trouble down the road.