For marriage’s money account, look first at the law’s default rules, then decide whether to make a written agreement
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Without a written agreement, the law’s default is that wages and bonuses earned after marriage, business and investment returns, and inherited or gifted property are jointly owned. Premarital property, and property a will or gift contract says is for one side only, is personal. The two of you can agree in writing that each keeps their own; once signed it binds. The side that put in more for raising children or caring for elders can claim compensation at divorce.
- Cost
- No money. Read the Civil Code marriage-and-family book articles on property. If needed, the two of you sign a written property agreement; the law only requires it in writing, not notarization. The hard part is talking about money in advance.
- Benefit
- The default rules without a separate agreement are: wages, bonuses, and labor remuneration earned after marriage, returns from production, business, and investment, intellectual-property returns, and inherited or gifted property belong to both spouses jointly (Article 1062). Premarital property, personal-injury compensation, property a will or gift contract clearly gives to one side only, and articles for one person’s exclusive daily use are personal property (Article 1063). The two sides may agree in writing that premarital and postmarital property belongs to each separately, to both jointly, or partly separately and partly jointly. That agreement binds both sides in law (Article 1065). A side that bears more duty because of raising children, caring for elders, or assisting the other side’s work has the right to claim compensation at divorce (Article 1088).
- Notes
- There are no official statistics for betrothal gifts, weddings, or marital homes; this item does not write figures. How much compensation under Article 1088 is first negotiated by the two sides; if they cannot agree the court decides; there is no fixed formula. A written property agreement helps both sides: the higher earner can use it, and so can the side that does more unpaid housework and care.
Sources · 2
- 全国人民代表大会 (2020). 中华人民共和国民法典(2021 年 1 月 1 日起施行,第一千零六十二、一千零六十三、一千零六十五、一千零八十八条). 国家法律法规数据库 flk.npc.gov.cn/detail?title=%E4%B8%AD%E5%8D%8…
- 条文全文见最高人民法院公报转载 gongbao.court.gov.cn/Details/7f184078694d811f…