Q: By default, does mainland China have a joint matrimonial property regime? A: Yes. Mainland China generally has a community property regime. According to article 17 of the Marriage Law, the wages, gains from business operations, proceeds from IP rights, and inheritance or gifts received by a spouse during marriage, shall be jointly owned by the couple, unless otherwise specified.
Q: Is the property acquired by a spouse as a gift or inheritance during marriage deemed as jointly owned by the couple in Mainland China? A: Yes. According to article 17.4 of the Marriage Law, the property acquired by either spouse as a gift or inheritance during marriage is deemed as jointly owned by the couple, unless there is agreement on, or expression of, opposite intentions.
Q: If the spouse who receives such gifts or inheritances intends to make such gifts or inheritances solely owned by him or her, what can be done? A: The law of mainland China allows the donor or testator to declare or specify that any gift or inheritance is only intended to be his or her child’s separate property, instead of being jointly owned by the couple through deeds of gifts or wills.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。
Echo Zhao is a partner at Anjie Law Firm
19/F Tower D1, Liangmaqiao DiplomaticOffice Building,19 Dongfang East Road, Chaoyang DistrictBeijing 100600, China
Tel: +86 10 8567 5988
Fax: +86 10 8567 5999
E-mail:
zhaomiao@anjielaw.com
www.anjielaw.com
