Relationships & familyIdea 10 · 2 min read

For money, understand the legal default before deciding on a written agreement

Grade A evidenceValue: High
In plain language

Without a written agreement, wages, bonuses, business and investment income, and inherited or gifted property acquired during marriage generally belong to both spouses under Chinese law. Premarital property and gifts or bequests expressly intended for one spouse are separate. A written agreement can assign property separately and binds both spouses. A spouse doing more childcare or eldercare can request compensation at divorce.

MoneyNo cost
TimeSome time
EffortSome effort

What it takes

Free. Read the property provisions in China's Civil Code marriage and family book. If useful, sign a written property agreement; the law requires writing, not notarization. Discussing money in advance is the difficult part.

What you may gain

Under China's Civil Code, the default community property includes wages, bonuses and remuneration, production, business and investment income, intellectual-property income, and inherited or gifted property acquired during marriage (Article 1062). Separate property includes premarital assets, compensation for personal injury, assets expressly left or given to one spouse, and personal daily necessities (Article 1063). Spouses may agree in writing that premarital and marital property is separate, joint, or partly each; the agreement binds both (Article 1065). A spouse who assumes more responsibility for raising children, caring for older people or assisting the other's work may request compensation at divorce (Article 1088).

Context & considerations

No official statistics were found for betrothal gifts, weddings or marital homes, so no amounts are quoted. Compensation under Article 1088 is negotiated first, then determined by the court if agreement fails; there is no fixed formula. Written agreements can help both the higher earner and the spouse doing more unpaid domestic and care work.

Research & references

National People's Congress of China (2020). Civil Code of the People's Republic of China, effective January 1, 2021, Articles 1062, 1063, 1065 and 1088. National Laws and Regulations Database: https://flk.npc.gov.cn/detail?title=%E4%B8%AD%E5%8D%8E%E4%BA%BA%E6%B0%91%E5%85%B1%E5%92%8C%E5%9B%BD%E6%B0%91%E6%B3%95%E5%85%B8&id=ff808081729d1efe01729d50b5c500bf; full text reprinted in the Supreme People's Court Gazette: http://gongbao.court.gov.cn/Details/7f184078694d811fb3314f6af9accf.html