How to Deal with the Property Given to Wife as a GiftIf a man and a woman agree, before or during their marriage, that either of them shall give an asset to the other as a gift or an asset shall be held by both the spouses as their community property, such an agreement is valid and binding on them, except that the asset…
Divorce Case without Marriage RegistrationThe Civil Code stipulates a formal requirement for the validity of a marriage, i.e., marriage registration. This means that a man and a woman intending to marry each other must apply to the marriage registration office of civil affair bureau in the jurisdiction where they will c…
Division of Real Estate of Which the Down Payment Is Made by Either Spouse If either spouse purchases a real estate with a bank loan and makes the down payment therefor before marriage, the outstanding amount of the bank loan is paid with their community property, and the real estate remains in the name of the spouse bo…
Division of Marketable Shares in a Divorce Case If community property includes stocks, bonds, investor shares, or other marketable securities, or shares of unlisted joint stock limited companies, man and wife may reach an agreement on the division of such property either before they file a divorce case or during the pro…
Division of Capital Contributions in an LLC in a Divorce Case If community property is capital contribution in a limited liability company registered in the name of either spouse, and the other spouse is not a shareholder of such company, the community property should be divided as follows. Majority shareholders’ agree…
Division of Capital Contributions in a Sole Proprietorship in a Divorce Case If community property is a sole proprietorship established with the investment of both spouses in the name of either spouse, the community property shall be divided as follows. Either spouse claims the right of operationIf either spouse claims …
Division of Capital Contributions in a Partnership in a Divorce Case If community property includes capital contribution in a partnership in the name of either spouse, and the spouses agree to transfer all or part of the capital contribution to the spouse who is not a partner, the community property shall be divided as …
Community Property Division - Loan Agreement between Spouses If husband and wife reach, during their marriage, a loan agreement the subject matter of which is an asset of their community property, and the purpose of such loan is for personal business or other personal affairs of the borrowing spouse, such a loan agreeme…