What are the requirements for the division of common property of the spouses during the marriage period?

During the marriage period, the husband and wife have the right to agree upon the division of common property of the husband and wife. The principles of the spouses’ common property division are as follows:

  • The husband and wife have the right to reach an agreement on the division of a part or the whole of the common property. If they fail to reach an agreement, they have the right to request a court to settle it;
  • An agreement on the division of common property shall be made in writing. The agreement shall be notarized at the request of the husband and wife or as
    prescribed by law.

The division of common property during the marriage period shall be invalidated
when: 

  • It seriously harms the family’s interests; or the lawful rights and interests of minor children or adult children who have lost their civil capacity to act or have no working capacity and no property to support themselves; 

Or its purpose is to avoid the following obligations :

  • Nuturing and support obligations; 
  • Damage payment obligations; 
  • Payment obligations upon declaration of bankruptcy by a court;
  • Debt payment obligations; 
  • Tax payment obligations or other financial obligations toward the State;
  • Other property obligations as prescribed by the Law on Marriage and Family, the Civil Code and other relevant laws. 
No response