Married Couples' Homes Are No Longer Joint Property?
01-12-2011

Recently, there has been a heat discussion about the new interpretation by the Supreme People's Court concerning the Marriage Law of the PRC. South China Morning Post interviewed with Ms. Hao Wang for her understanding of this new judicial interpretation. Up until August 13th, 2011 married couples' homes have been considered to be joint property and their value shall be divided when couples divorce. Pursuant to the new judicial interpretation, however, property bought by one person before marriage and registered in his or her name remains that person's individual property and its value will not be divided between the spouses in the event of divorce.

So, how to protect your property and interest in your marriage in case of divorce in China? A China divorce lawyer may suggest you to register the property in your own name, or at least in the couple's name, so that you can enjoy the title of the personal property or the joint property. Moreover, you may enter into a China prenuptial agreement or a China postnuptial agreement with your spouse so as to protect your lawful rights and interests.