What Is Community Property
What Is Community Property
Many people believe that the property of spouses should be divided in half in the case of their divorce. This is a wrong idea because only community property of spouses will be partitioned when their marriage ends up in divorce.
If a couple intend to apply for divorce registration or file a lawsuit for divorce in China, the law of the PRC will apply and their property will be partitioned in accordance with the applicable laws and judicial interpretations then prevailing.
Article 1062 of the Civil Code of the People's Republic of China defines the term "community property" in two respects:
Firstly, community property is limited to the property they acquire, obtain, or receive during their marriage relationship. This means that the property that either spouse possessed before their marriage entered into force remains their respective personal property and will not be divided if their marriage ends.
Secondly, the scope of community property is limited to the following:
(1) wages, bonuses, and remuneration;
(2) profits from business operations and investments;
(3) profits from intellectual property rights;
(4) property inherited or accepted as a gift unless otherwise specified in Article 1063(3) of this Code; and
(Note: property specified as the personal property of the heir or legatee under a will or gift contract shall be the personal property of such spouse under Article 1063(3)).
(5) other properties which shall be jointly owned by both spouses.
Robert Zhang 
Steve Li 