Purchase China property in the name of your Chinese girlfriend or wife?

Very often we get inquiries from foreigners pertaining to purchase of China properties in the name of their Chinese girlfriend or wife for the reason that they are not qualified to purchase properties in China (China has placed restrictions on foreigners buying properties in China ever since 2006). But they are concerned about losing the property once their relationship breaks down.

That is definitely a real concern. For those guys who don’t want to lose their investment in the China property, they have to take measures to protect themselves.

But how? Not much more than a legal contract can you do to protect yourself.

So what is the take of Chinese laws and courts on such contracts? I mean in the case that the foreign guy jilts (divorces) or is jilted (divorced) by his Chinese ex-sweetheart.

I. The Contractual Arrangment

For married couple, they can sign the nupital agreement to decide on the ownership of marital properties in part or in whole. Some inquirers have asked wehther it is possible to sign nuptial agreement after marriage or it can only be signed before marriage. This is clear in China that you can sign it either before or after marriage.

[to be continued]

Jason Tian

Jason Tian, senior partner, specializes in foreign-related legal services ranging from foreign investment in China, banking and capital, real estate, M&A, corporate, international trade, estate planning, inheritance and divorce at his blog: https://www.sinoblawg.com.

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