When the husband and wife divide common property, the marital relationship between the parties still exists, while the property relationship is determined as follows:
- The division of common property in the marriage period shall not result in the termination of the statutory matrimonial property regime;
- The divided property, and the yields and profits arising from the separate property of each spouse after the division of common property, are the separate property of each spouse, unless otherwise agreed upon by the husband and wife. The remaining undivided property is still the common property of husband and wife;
- The husband and wife’s agreement stated above shall not change the property rights and obligations previously established between them and a third party;
- From the time when the division of the husband and wife’s common property takes effect, property obtained from the exploitation of separate property of a spouse, which cannot be determined as the income from labor or production and business activities of a spouse or as yields or profits arising from such separate property, shall be under the joint ownership of the husband and wife.