Who owns what in a marriage in China?
China's default is that most property acquired by either spouse during the marriage, such as wages and business income, is jointly owned.
Updated October 2026. Spotted a mistake? Tell us.
What applies by default
Wages, bonuses, business and investment income and most other property acquired during the marriage are joint. Property from before the marriage, items for personal use, and gifts and inheritances stated to be for one spouse are personal.
When the marriage ends in divorce
The spouses agree on the division, and if they cannot, a court divides the joint property taking the children's interests and the spouses' contributions into account.
A marriage contract
Spouses can agree in writing that their property is separate, joint or partly joint.
What stays your own, and gifts
Property from before the marriage and gifts and inheritances stated to be for one spouse are personal.
If one spouse is a foreigner
Chinese courts apply Chinese law to a marriage in China in most cases. Check how the rules apply if one spouse is foreign.
Understand the legal system first
China belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the China legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in China? →
Official sources
Take it further
The family and property rules of a European country in one PDF, with questions for a local lawyer.
Set the property rules before the marriage, in your own terms.
For couples who live together without marrying.
Marriage, divorce, custody and support, step by step.
Divide property and settle the terms in writing.
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TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
