The division of property is generally based on the principle that the husband and wife's common property is divided equally, and their respective property belongs to their own. The new marriage law has clear provisions on the joint property and respective property of husband and wife. For example, if the property acquired after marriage belongs to the joint property of the husband and wife, it specifically includes:
① Salary and bonus;
② Income from production and operation;
③ Income from intellectual property;
④ Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law;
⑤ Other properties that should be jointly owned.
2. The property acquired after marriage belongs to one of the husband and wife's property, specifically including: ① medical expenses and living allowance for the disabled received by one party due to physical injury; ② The property determined in the will or gift contract to belong to the husband or wife only; ③ Daily necessities for one party; ④ Other properties that should belong to one party. However, the husband and wife may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply. The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties.
Article 17 of the Marriage Law of the People's Republic of China
The following property acquired by husband and wife during the period of marriage shall be jointly owned by the husband and wife:
（1） Salary and bonus;
（2） Income from production and operation;
（3） Income from intellectual property;
（4） Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law;
（5） Other properties that should be jointly owned. Husband and wife have equal rights to dispose of jointly owned property.
Article 18 of the Marriage Law of the People's Republic of China
Under any of the following circumstances, it shall be the property of the husband and wife:
（1） Premarital property of one party; （2） Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury; 3） The property determined in the will or gift contract to belong to the husband or wife only; （4） Daily necessities for one party; （5） Other properties that should belong to one party.
