The disposition of an individual’s property is always recognized and protected by law. However, when engaged in a marriage relationship, on the one hand the law still ensures the right of a spouse to dispose of their property, but on the other hand the law also aims to protect the rights and interests of the other spouse and the legitimate interests of the members of that family. Therefore, in some cases, the Law on Marriage and Family restricts the right of a spouse to dispose of their own property.
Specifically: In principle, a spouse has the right to possess, use and dispose of his/her own property. However, they can also agree on the use of each party’s separate property so that they may best exploit the use value of the property. But in order to ensure the common lifestyle of the family and to preserve the tradition of love and care among family members, the right to the disposition of the separate property of a spouse may be restricted. Accordingly, when yields or profits from the separate property of a spouse constitute the family’s sole livelihood, the disposition of such property is subject to the other spouse’s consent.