Matrimonial regimes in China

HOW CHINESE CITIZENS GET MARRIED:

In the People's Republic of China, and in accordance with article 19 of the Chinese marriage law, the spouses may agree in their marriage agreements to which regime they will be subject, which may be the limited community regime, the universal community regime or the Separation of Property. It is important to note that in the event that said economic marriage regime is not agreed upon, the same article 19 refers to articles 17 and 18 of the same law that establish as supplementary legal regime to the limited community of property.

limited community

The limited community regime is conceptualized as a "partial community" since in addition to the individual assets of the spouses, which is made up of the assets listed in article 18, such as those for personal use, assets prior to the marriage or what was acquired during the validity of this agreement but through succession or through a donation in which it has been expressly stipulated; a joint patrimony coexists, made up in principle of the salaries and assets that have been acquired during the validity of the marriage contract and that do not have the status of property referred to in article 17.

Separation of Property

As an optional regime we find the separation of assets, where the assets of each spouse, both in their assets and liabilities, remain independent during the term of the marriage, as well as the powers of use, enjoyment and disposal of these. The law in its article 19, section three, establishes that the consorts in this regime are responsible for their debts with their own assets in the event that the creditor of said debt was aware that the marriage was subject to the regime of separation of estate.

universal community

Lastly, there is a second optional regime, enshrined in article 19 and it is the universal community of property; in which all the assets and liabilities of the spouses, considering those before and after the marriage, become part of a common patrimony. In the event that said community will be governed by the agreement between both contracting parties or by default by the rules established for the limited community regime, insofar as these are applicable.