Severance of Community Property during Marriage

Severance of Community Property

A spouse may file a lawsuit for severance of their community property during their marriage, with or without a pre-nuptial or nuptial property agreement, with good cause shown.  

According to Article 1066 of the Civil Code of the People's Republic of China, the said good cause may be any of the following:

(1) the plaintiff's interest in their community property is or may be materially damaged due to the defendant's concealment, transfer, sale, destruction, or squandering of or damage to their community property, or falsification of their community debt; or

(2) a dependant of the plaintiff needs financial assistance for medical treatment of a major disease but the defendant refuses to make payment for the medical costs.

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Robert Zhang

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