Can Prenuptial Property Become Couple's Jointly-Owned Property After Marriage?

2020/1/8

Zhang, the well-paid president of a listed company, bought a 10 million-plus hardcover apartment in Beijing. In 2001, he married his secretary Wang. In 2010, the couple decided to divorce. But Wang proposed that since they had been married for 9 years, Zhang's house had been converted into the couple's jointly-owned property and should be shared equally. Zhang disagreed. Therefore, Wang sued Zhang to the court, asking the court to recognize Zhang's house as the couple's jointly-owned property and divide it up.

In 1993, the Supreme People's Court issued Several Specific Opinions on the Division of Property by the People's Courts in Divorce Cases, in which Article 6 stipulates: 'One spouse's prenuptial property is used and managed by both spouses after marriage. Houses and other valuable means of production after 8 years and valuable means of living after 4 years are regarded as the couple's jointly-owned property.' But this provision has been repealed. Article 18 of the Marriage Law, which was amended on April 28, 2001, stipulates that the prenuptial property of one spouse is the personal property of the spouse. At the same time, Article 19 of the Interpretation of the Marriage Law (1) stipulates that unless the spouses agree otherwise, Article 18 of the Marriage Law stipulates that the property owned by one spouse shall not be converted into couple's jointly-owned property of the spouse as the marriage relationship continues."

Zhang and Wang had no special agreement on the division of property. Zhang bought the house first and got married afterwards. His house was personal property, not couple's jointly-owned property. The house bought by Zhang before marriage would not be transformed into couple's jointly-owned property over time. Therefore, Wang's lawsuit cannot be supported by the court, and she has no right to divide Zhang's house.

Here we remind everyone that the personal property of a spouse before marriage will not be converted into the couple's jointly-owned property after marriage. It is suggested that the weaker spouse should sign a written property division agreement. If it is a house or other property that can be registered for property rights, it is best to register for changes in property rights and write your name on the property certificate, in order to avoid unnecessary financial loss after divorce.