Can property acquired prior to marriage be divided upon divorce? Our Beijing divorce attorney answers as follows:

Generally, assets owned by either spouse before the marriage will remain that spouse's separate property after the marriage ends. The property won't be divided or distributed by a court as marital property.

It's possible to handle separate property in such a way that it gets "commingled" or mixed with property acquired after the marriage. Money is the best example of this. If you put your separate money into a bank account that both you and your spouse make deposits and withdrawals, that money might become property of the marriage. It could be divided at divorce.

A couple can also agree to change property from separate to marital, such as where one spouse's pre-marriage home is re-titled in both spouse's names.

You are welcome to send questions regarding Beijing divorce and our beijing divorce lawyer will reply very soon.

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