Property Problems after Your Marriage in China

10,2007 Editor:at0086| Resource:AT0086.com

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The property is an important part in marriage. After marrying a Chinese girl in China, you should still pay attention to property problem. The following will introduce information of property in marriage.
The property is an important part in marriage. After marrying a Chinese girl in China, you should still pay attention to property problem. The following will introduce information of property in marriage.
 
Jointly Owned Property
Post-marital property may be the most influential on you because of the special relationship between you and your husband/wife. Like most of countries in the world, Chinese law stipulates that during the existence of marriage, the following properties should be jointly owned by you and your husband/wife: your wages and earnings from capitals, your bonuses from your stock rights, and your income from your intellectual property.
 
According to Chinese law, during the existence of your marriage, your earnings are jointly owned property and your husband or wife has the right to share.
 
Individual Property
Marriage doesn't mean all of your property should be jointly owned by both of you, the following property shall be owned by yourself:

The pre-marital property is still your individual property after your marriage, such as the savings, real estate, stock rights, etc. owned by yourself before your marriage. However, your profit and bonus incurred from your pre-marital company stock rights and house-leasing, in China, generally will be regarded as jointly owned property.
 
The payment for medical treatment or living subsidies for the disabled arising from bodily injury on either party is owned by you yourself.
 
Any property inherited or bestowed specially for either party is owned by you yourself.
 
Property Agreement of Husband and Wife
According to Chinese law , husband and wife may reach an agreement that the property incurred during the existence of marriage is owned by each party, if that, your husband/wife has no right to own and dispose the part that belong to you according to the agreement, even during your divorce. It is equally applied to your husband/wife’s property. Some persons are aim at getting much money through marriage, especially through international marriage, as a result, in order to protect yourself, you’d better entrust a lawyer to help you to reach a premarital property agreement.
 
Succession
Being married makes both of you has the right to inherit each other's property. During the existence of your marriage, if either unfortunately dies, the other one will have right to inherit the part of the decedent.

According to the current Succession Law of the People's Republic of China, first inheritors in order are spouse, children and parents. Supposing that you died after you had married, your husband/wife, children and parents would divide your inheritages evenly, which has nothing to do with the marital property agreement you had made.
 

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