Division of Property and Debts after Divorce

Provisions of The Civil Code of the People’s Republic of China (2032) Regarding the Division of Property and Debts after Divorce

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Article 1087. Spouses intending to divorce shall reach an agreement on the disposal of their community property in a divorce, failing which the people's court shall render a judgment in the interests of their children and the wife or the innocent spouse, considering the status quo of their property. The rights and interests of either spouse arising from or relating to their household tenancy of land for agriculture shall be protected according to law.

Article 1088. Either spouse who has made more investments to their family in raising their children, caring for the elderly, or assisting the other spouse in work shall be entitled to claim reasonable compensation from the other spouse in their divorce, and the other spouse shall make reasonable compensation.

Both spouses shall reach an agreement on such compensation, failing which the people's court shall render a judgment.

Article 1089. Community debts shall be paid off jointly by both spouses upon their divorce. Where spouses' community property is insufficient to pay off their community debts or their property is separately owned, the spouses shall reach an agreement on the repayment of their community debts, failing which the people's court shall render a judgment.

Article 1090. Where either spouse has a hard life after divorce, the other spouse shall provide appropriate assistance to the extent affordable by such other spouse. Both spouses shall reach an agreement on such assistance, failing which the people's court shall render a judgment.