When does the division of the common property of husband and wife during marriage take effect?

According to the 2014 Law on Marriage and Family, the division of common property during the marriage period takes effect as follows:

  • The effective time of a common property division shall be agreed upon by the husband and wife and stated in the written agreement. If such time is not stated in the written agreement, it will be deemed to be the date of the agreement;
  • For divided property whose transactions must be in a certain form as prescribed by law, the common property division takes effect at the time the agreement is in compliance with the form prescribed by law;
  • For common property divided by a court, the division takes effect on the legally effective date of the court’s judgment or decision;
  • Property rights and obligations between husband and wife and a third party that arise before the effective time of the common property division remain legally effective, unless otherwise agreed upon by the involved parties.
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