25Evidence A

No need to worry about premarital assets — clearly define adding a spouse’s name to property and parental contributions

Premarital assets remain your personal property and do not automatically become joint property simply because you’ve been married for many years. Couples can put in writing that premarital and postmarital assets stay separate. Keep in mind: if you agree to add your spouse’s name to a property title, you can still change your mind before completing the registration — once registered, it becomes their property. In divorce proceedings, any party who hides, transfers, squanders, or fabricates debts involving shared assets may receive a smaller share or none at all.

Cost

Drafting a written property agreement yourself costs nothi…

Benefit

Premarital assets stay under your sole ownership regardless of how long you’ve been married. Couples may stipu…

Cost

Drafting a written property agreement yourself costs nothing; notarization incurs extra fees. When parents contribute funds, ask them to provide a written statement. The whole process takes just a few hours. The real challenge is bringing up money matters with family members.

Benefit

Premarital assets stay under your sole ownership regardless of how long you’ve been married. Couples may stipulate in writing whether premarital assets and postmarital earnings remain separate, become joint property, or are partially shared — such agreements are legally binding for both parties. When parents pay for a house before marriage, the money is treated as a gift solely to their child unless they explicitly state it’s meant for both spouses. After marriage, parental contributions are handled according to any prior agreement; lacking such agreement, they’re considered joint property. Agreements made before or during marriage to transfer one spouse’s property to the other or to make it jointly owned can be revoked by the gifting spouse prior to registration; once registered, it becomes the other spouse’s property. Any spouse who conceals, transfers, sells, or squanders shared assets, or who fabricates debts, may receive a smaller share or none at all (nationwide).

Original sources

全国人大 (2020). 民法典(第一千零六十三、一千零六十五、一千零九十二条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml;最高人民法院 (2020). 关于适用《民法典》婚姻家庭编的解释(一)(法释〔2020〕22 号,第二十九、三十一、三十二条). https://www.court.gov.cn/fabu/xiangqing/282071.html

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Book note

Property agreements apply equally to both spouses — they’re not solely a “protective measure” for one side. To use such an agreement against a spouse’s debts owed to third parties, the creditor must be aware of its existence; otherwise, it holds no legal weight. The agreement remains valid even without notarization; notarization merely prevents future disputes over signatures and dates.

My note