The granting of ownership of the real property at divorce under China law
The granting of ownership of the real property at divorce under China law
The People's Republic of China's Marriage Law, passed in 1981 and updated in 2001, governs who gets to keep real estate after a divorce in that country. According to the law, both spouses are entitled to ownership of any assets accumulated during a marriage, and any property partition should occur after a divorce.
To share their assets after divorce, a couple must follow legal procedures. Real estate, which may be a valuable asset, is included in this. Examples include homes and apartments. The contribution made by each spouse to the purchase and upkeep of the real estate is often taken into account by Chinese law when dividing it.
When a property is obtained before marriage, it is regarded as independent and not divided in the event of a divorce. Nevertheless, it is often regarded as joint property and is up for partition if the asset was obtained during the marriage.
Real estate division may be difficult when one spouse makes a greater financial investment in the purchase and upkeep of the property than the other. The duration of the marriage, each spouse's financial contributions, and other pertinent conditions are among the criteria the court would consider in such situations.
The court may, in certain circumstances, allow one spouse possession of the property while requiring them to make restitution to the other spouse for their portion of the property. Amounts of money or other assets may be used as this recompense.
It's important to remember that a prenuptial agreement may, in certain circumstances, affect how real property is divided. The court will normally abide by the prenuptial agreement provisions if the couple has one, which details how their assets would be distributed in the case of divorce. Prenuptial agreements, nevertheless, are uncommon in China, and the courts don't usually honor them.
In conclusion, it is important to note that the distribution of a real estate after a divorce is complicated and relies on several variables. While rendering its judgment, the court will consider the duration of the marriage, the contributions made by each spouse to the property's purchase and upkeep, and any other pertinent factors. To guarantee that their property is split equitably and in compliance with the law after a divorce, it is crucial for spouses to get legal counsel.
Robert Zhang 
Steve Li 