AboutJohnson Dong Expertise Chinese Lawyer. Practiced in Guangzhou, China. I can answer questions about Chinese businese and commercial law especially investment in China.Also I can answer other question about Chinese law.
Experience company law, real estate law, banking, corporation establishment, foreign investment and other foreign affairs. intellectual property settlement, commercial litigation, civil litigation, administrative litigation, criminal defend, divorce, tort liability, product liability. Draft pleadings, defences, motions.
Organizations Global Kingway Law Firm Attorney at Law
Address: 12th Floor, Guangdong Holdings Tower, No. 555, Dong Feng East Road, Guangzhou, P.R. China.
Post Code: 510050
Tel: 8620-83858533 Fax: 8620-83857100 Mobile: 86-189-2611-5891
http://www.gkl.com.cn/
Publications Province Ruled by Law, Economy and Development, Jan. 1998.
Auditors's Liability to Third-Party under the Jurisdiction of U.S.A, Hebei Law Science, May, 1999.
The Legal Framework of Real Estate Mortgage, Postgraduate Journal of Jinan university, June, 1999.
Education/Credentials Law School:
Jinan University, Economic Law Department,
LL.M (Masters Degree in Law) in Economic Law, 1997-2000.
Zhongshan University, Law Department,
J.D. in Economic Law, 1990-1994.
Past/Present Clients Variety Accessories Inc. (US, NY), Focus On Fashion Co., Ltd. (US, NY), Varian, Inc. (US, CA), Sirona Dental Systems GmbH (Germany), Seiko Advance Ltd. (Japan), Nassetti Ettore Group. (Italy), Wortmann Gmbh&Co.KG. (Germany), NOVI (CHINA) LIMITED(Hong Kong), Lifetime Trading Limited of Hong Kong, Dah Sing Bank, Ltd. (Hong Kong), Kwik Industries Limited (Hong Kong), Focus-Net Consultant Limited (Hong Kong), ProCareHoldingsCo. Ltd. (Hong Kong), NWS Holdings Limited. (Hong Kong) and etc.
Question Hello,
It has been nearly 2 years since I registered for marriage in China. My wife is an Chinese national and I am from the US and am working in China. She has been 'suggesting / threatening' divorce. We have not been married in the US, only in China.
We did not do pre-nups prior to our marriage.
About 30 days prior to our registration for marriage here, we purchased a new home. I perhaps foolishly included her on the house title, even though 95% of the funding for our new residence resulted from my retirement savings currently held in the US.
If we agree to divorce, what is the probable split of our home?
Would my spouse have the ability to make claim to my assets in the US?
Would I be able to make claim on her Chinese assets acquired before our marriage?
Would I have claim to her assets acquired after our marriage?
Personally, I'm not keen on the idea of divorce, but if she continues the erratic behavior I've experienced lately, it may soon become an issue.
Thank you in advance for your assistance.
Answer Hi william,
If we agree to divorce, what is the probable split of our home?
:The pre-marital property shall owned by the party who possess it, not jointly possessed.
Since you included your wife's name on the title, it will be jointly possessed.
Unless you can prove you provide 95% of the funding.
Would my spouse have the ability to make claim to my assets in the US?
: Yes,she can.
Article 17 The following properties incurred during the existence of marriage shall be jointly owned by both husband and wife:
a. wages and bonuses;
b. any income incurred from production or management;
c. any income incurred from intellectual property;
d. any property inherited or bestowed, with the exception of those as mentioned in Article 18 (c) of this law;
e. other property that shall be jointly owned. Both husband and wife shall have equal rights in the disposal of jointly owned property.
Would I be able to make claim on her Chinese assets acquired before our marriage?
No, according to Chinese Marriage law:
Article 18 The following property shall be owned by either the husband or the wife:
a. the pre-marital property that is owned by one party;
b. the payment for medical treatment or living subsidies for the disabled arising from bodily injury on either party;
c. the articles of living specially used by either party;
d. other property that shall be used by either party.
Would I have claim to her assets acquired after our marriage?
: Yes, u can.
