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What is the marital property system in China?

date:2019/11/13 Clicks:74
China's matrimonial property system adopts the legal property system as the primary system and the agreed property system as the secondary system. Simply put, if there is no special agreement (a written property agreement is required), the property which acquired after marriage is the joint property of the couple. 
Article 17 The following items of property acquired by husband and wife during the period in which they are under contract of marriage shall be jointly possessed:
(1) Pay and bonus;
(2) Earnings from production and operation;
(3) Earnings from intellectual property rights;
(4) Property obtained from inheritance of gift except as provided for in Article 18(3) of this Law; and
(5) Any other items of property which shall be in his or her separate possession.
The form of matrimonial property agreement permitted by China's Marriage Law may be: 
(1) The husband and wife agree that the property acquired during the period of their marriage relationship shall be joint possession, separate possession or partly joint possession, partly separately possession by each other; 
(2) Both husband and wife may agree that the personal property before marriage is jointly possessed by the couple after marriage, or partly jointly possessed, partly separately possessed by the couple.
(3) The particular personal property during the period of the marriage relationship is agreed to be jointly possessed, or partly jointly possessed, partly separately possessed by individuals; 
(4) The husband and wife may agree that the property peculiar to one party shall be possessed by the other party, or partly possessed by the other party.
Author of this article:
Mingsheng LU
Chief Attorney of BONBONWU, Partner Attorney of Dentons (China), which consists of 45 offices and spans all of provinces and autonomous regions of China.
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