Who owns what in a marriage in China?

Property acquired during the marriage is joint by default

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.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

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

National People's Congress of China

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.