Question 1

Does adding a spouse's name to a pre-marital property deed give them ownership rights in China?

Accepted Answer

Yes. Under Chinese property law, adding a name to the deed constitutes a gift of property rights. Unless a separate agreement specifies otherwise, the spouse gains legal ownership of the corresponding share, and in divorce proceedings this is treated as joint property subject to division.

Question 2

What happens to parental loans given to a married couple with no written IOU in China?

Accepted Answer

Without a written IOU, the loan may be treated as a gift under Chinese law. However, bank transfer records, WeChat messages acknowledging debt, and witness testimony can establish the existence of a loan relationship. The key is proving both parties understood it was a loan, not a gift.

Question 3

Can a spouse legally transfer family business shares during a Chinese divorce?

Accepted Answer

Under Civil Code Article 1062, shares acquired during marriage are generally joint property. If the transfer occurred before divorce and consideration was nominally fair, the transaction may be upheld unless the other spouse proves malicious collusion under Article 154.

Question 4

How is a social media account divided in a Chinese divorce?

Accepted Answer

A social media account combines personal rights (tied to the creator) and property rights (revenue generated during marriage). Under Civil Code Article 1062, income earned during marriage is joint property. The account is divided based on actual contribution — who created content, who managed operations, who drove growth.

Chinese Civil Code

Title: "Fake Divorce" to Buy a House: There's No Such Thing in the Eyes of Chinese Law