In China, the concept of personal property solely owned by one spouse comes mainly from the Civil Code of the People's Republic of China (especially the marriage and family provisions). The law distinguishes marital joint property and personal property of one spouse.
Under Civil Code in China, the following property constitutes separate property of one of the spouses:
(1) Property that either spouse acquired before the marriage remains that person’s separate property.
Examples:
-A house purchased before marriage and registered under one spouse’s name
-Savings accumulated before marriage
-Investments made before marriage
(2) Money or property received due to personal injury belongs only to that spouse.
Examples:
-Injury compensation
-Disability compensation
-Medical compensation
(3) Property specifically designated for one spouse
If property is given or inherited with a clear statement that it belongs only to one spouse, it remains that spouse’s personal property.
Examples:
-A parent’s will stating that a house is inherited only by their daughter
-A gift agreement stating a car is given only to the husband
(4) Personal items used exclusively by one spouse
Items mainly for personal use belong to that individual spouse.
Examples:
-Clothing
-Personal jewelry
-Personal professional tools
(5) Other property agreed by spouses to be separate
Spouses may sign a marital property agreement stating that certain property belongs to one spouse only.
By David Gao, a professional divorce lawyer in Beijing, China
