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China does not apply a mechanical 50/50 to every mixed-nationality estate. Articles 1062–1065 and 1087 decide what is joint, what is separate, whether a written marital agreement controls, and how a court divides what remains. Title name is evidence, not the end of the analysis. A foreign prenup is not a China deed. Parental housing money and marital mortgage pay-down are first-week issues (including themes in SPC Interpretation II, 2025). Design settlements with a China annex and a foreign-title annex so you do not win a percentage you cannot collect.
At a glance
| Question | Short answer |
|---|---|
| Is marital salary joint? | Usually yes (Art. 1062), unless a valid Art. 1065 agreement says otherwise. |
| Is the name on the 不动产权证 decisive? | No, not for property bought in the marriage with marital funds. |
| Premarital house + marital mortgage? | Title may stay personal; a contribution / compensation fight is common. |
| Does a prenup control? | If it is a valid written China-facing agreement — prenup guide. |
| Can a Chinese court split our US house? | It may allocate a claim. Changing the US deed needs US steps. |
| Are inheritances always safe? | Often separate if specified and not commingled. Facts control. |
| Hidden transfer to a parent? | High-risk. Courts can unwind and cut the concealing spouse’s share. |
| Best instrument? | A dual-annex settlement, or a China-only scope if you will not chase foreign title. |
Scope and legal framework
This page is about classification and division when at least one asset, spouse or child is tied to Mainland China. It is not a tax opinion and not a SAFE how-to (see the remittance guides if cash must leave China).
Civil Code Art. 1062. Wages and bonuses, proceeds of production, business and investment, intellectual-property income, and unspecified inheritances or gifts acquired in the marriage are generally joint marital property.
Civil Code Art. 1063. Premarital property, personal-injury compensation, property determined by will or gift to one spouse, and articles for daily personal use are separate if they stay identifiable.
Civil Code Art. 1065. A written marital property agreement can replace the default regime between the spouses. It does not automatically bind good-faith creditors.
Civil Code Art. 1064. Debts for family daily life or jointly signed debts are typically joint. A private indemnity in the divorce paper does not erase a bank’s claim.
Civil Code Art. 1087. On divorce, joint property is divided by agreement first. If the parties cannot agree, the court divides it according to the facts, taking care of the children and the wife’s rights and interests. Equal division is a starting point, not a statute-mandated 50/50 in every case.
SPC Interpretation II (Fa Shi [2025] No. 1). Adds practice themes on parental housing contributions, disposition of marital property and creditor protection. Treat it as a versioned factor set, not a percentage table.
Practical workflow
Do not start with a speech about fairness. Start with a list both lawyers can sign.
Offshore and company assets
- A Chinese court may consider overseas assets when they are properly in the case. Forcing a foreign transfer usually needs a second proceeding or a settlement the foreign custodian will honour.
- WFOE cash is company property. The marital claim is typically against shares, dividends or compensation, not a random raid on the operating account.
- Trusts, options and crypto need a tracing memo. Do not hide them in a footnote called “misc.”
- Tax and FX can wreck a beautiful percentage. Put the remittance path in the settlement or admit the cash stays onshore.
Common mistakes
- Title-name fetish. “It is in my name” does not defeat Art. 1062 for a marital-period purchase.
- Self-help transfer to mum. Courts treat last-minute gifts as concealment.
- Ignoring a prenup that exists — or inventing one that does not.
- 50/50 overseas with no deed, no broker letter, no deadline.
- Trading custody for a house in a way the court will not enforce.
- Putting full account numbers on a public website form.
Action checklist
- One bilingual inventory: realty, banks, brokers, companies, IP, debts, guarantees — China and abroad.
- Photograph title pages and export WeChat / Alipay ledgers before devices disappear.
- Ask counsel the same week whether onshore preservation is available and proportionate.
- Collect parental down-payment proofs and gift/loan writings.
- Attach the prenup / postnup original; do not paraphrase it.
- Cap table and spouse-consent history for any company.
- Agree a valuation date, FX source and who pays remaining mortgages.
- Draft a China annex (what the PRC register will do) and a foreign-title annex (who signs what, where, by when).
- Tax / SAFE note if cash must cross a border.
- Keep children clauses out of the property horse-trade except as lawful support and housing use.
Find a China divorce & family lawyer
Property division is a Divorce & Family listing, often with company or real-estate overlay. The verified Divorce & Family listings below are live DJ Classifieds profiles. Confirm language, city and engagement terms on the profile.
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Reviewed by counsel
China-side: Wei Quan, Sichuan Shilu Law Firm — divorce & family (directory profile).
Last reviewed: August 2026 · Reviewer requested addition of statute articles and case-law orientation (incorporated below). Foreign-jurisdiction co-review remains advisable for dual-filing strategies outside China.
