In any given jurisdiction, the matrimonial property law, while overlapping local property law in many aspects, does have its own features and hence special rules. In some cases, it is crucial to understand the dynamics between the two types of interrelated laws.
I. The Framework of China Matrimonial Property Regime
(1) Joint Tenancy/Co-ownership
The default matrimonial property regime in China can be described as "community property regime" whereby assets acquired after marriage by one spouse is considered automatically as "community property" jointly owned by the couple, thus to a large extent, a property of joint tenancy in most common law jurisdictions despite that the title may be vested in the name of one spouse only. For example, a foreigner marrying a Chinese lady may find that he is prohibited from purchasing a home in his name due to Chinese restrictions on foreigners purchasing real properties in China, thus the title of the property can only be registered in the name of his Chinese wife, but legally speaking, the property is considered community property of the couple, and the foreign husband is automatically entitled to half of the value of the property.
As always it must be singled out that under Chinese matrimonial property regime, the gift or inheritance received by a spouse during their marriage is considered as "community property" instead of non-matrimonial separate property, a big shock to many foreign family lawyers.
(2) Equal Right in Managing Communty Property
Where a piece of asset belongs to "community property" under Chinese matrimonial property regime, it is deemed as "co-owned" by the couple in respect of the entirety of the asset, regardless of title registration; in other words, each spouse's ownership attaches to the whole property instead of half, and accordingly and also as a result of gender equality, Chinese Civil Code (inherited from prior China Marriage Law) expressly prescribes for equal right in the management of community properties, unless the law provides otherwise. Such equal management right is often understood as "mutual consents of both spouses required" in judicial practice.
（3）Division of Matrimonial Properties upon Divorce: Starting point 50:50
Under Chinese matrimonial laws, upon divorce, the courts will split the community properties of the couple unless there is a pre- or post-nuptial agreement stipulates otherwise (in short-life marriage, nuptial agreement may not prevail). Chinese courts generally presume a 50:50 division of community properties in divorce proceedings unless evidences prove the fault one the part of one spouse or otherwise as required by the law.
It is my opinion, probably shared with most foreign family lawyers, that when people talk about matrimonial property regime, the concept should emcompass the pertinent rules during the life span of the marriage but also those rules related to division or equitable distribution upon divorce. I particulary discuss this point here for the reason that in China judicial practice, as a result of ambiguous provision in China Law on Choice Laws, Chinese family lawyers and courts may narrowly interpret the concept to cover only the rules during the life of marriage, which doesn't seem correct to me.
II. The Framework of China Property Law
As in most other jurisdictions, there exists a set of rules as property law, a distinct body of rules from matrimonial property law.
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