Law of the Republic of China on the Distribution of Family Property

The way of property distribution is stipulated by law: under normal circumstances, husband and wife share property and both parties agree to distribute it. If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. One party's personal property shall not be distributed unless otherwise agreed.

Legal objectivity:

Article 1065 of the Civil Code of People's Republic of China (PRC) * * * Both men and women can agree that the property acquired during the marriage relationship and the pre-marital property are owned by themselves, jointly owned or partially owned by * * *, and partially owned. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties. The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife. Article 1087th of the Civil Code of People's Republic of China (PRC) stipulates that in case of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.