divorce lawyer
English Speaking Chinese Lawyer for family law issues
Your current position:Home >> Divorce laws

China Marriage Law (Part 4)

  • Time:2018-01-05
  • counter:1601
China Marriage Law (Part 4)
Article 39: The property co-owned by both parties to a marriage shall be divided upon mutual agreement after their marriage. In case of failure to reach an agreement, the division of the co-owned property shall be subject to verdict by the people's court of jurisdiction considering the specific conditions of such property and giving priority to the rights and interests of the wife and the child(ren).
The rights and interests of either party to a marriage arising from land operation under a household land contract shall be protected in accordance with the applicable laws and regulations.
Article 40: Where both parties to a marriage agree in writing that the properties obtained by each party during their marriage shall be individually owned, the party who contributes more in terms of raising their child(ren), supporting their elder(s), assisting the other party in work, etc., shall be entitled, upon their marriage, to claim for reasonable compensation from the other party, who shall be obligated to make such compensation.
Article 41: Any and all the debts incurred by both parties during their marriage shall be repaid with their co-owned properties upon divorce. Where the co-owned properties are insufficient to pay off the debts or are individually owned, the parties shall reach an agreement in respect of the repayment of the debts. In case of failure to reach an agreement, the dispute shall be subject to verdict by the people's court of jurisdiction.
Article 42: Where either party is having a difficult life upon divorce, the other party shall provide reasonable assistance by offering shelter in its house or with any other of its personal properties, subject to specific arrangement by both parties. In case of failure to reach an agreement, the dispute shall be subject to verdict by the people's court of jurisdiction.
To be continued.

34F, Huaneng Union tower, 958 Lujiazui Ring Rd, Shanghai, 200120, P.R. China 豫ICP备10204199号-3