We divorced abroad. What happens to the flat or money we still have in China?
After a divorce abroad, property in China goes one of two ways. If the foreign judgment or settlement dealt with it, the order has effect in China only after a Chinese court recognises it (Civil Procedure Law arts 298 and 299). If the divorce said nothing about it, either former spouse can sue in a Chinese court to divide it (Marriage and Family Interpretation (I) art 83). China's rules for cases with a foreign element then decide which court hears the case and which country's law says what was joint property.
June Zhang has practised law in China since 1998 and has focused on family and inheritance work since 2012. She advises on mainland Chinese law only and works with your lawyer abroad on foreign-law points. "CPL" below is the Civil Procedure Law as amended in 2023; the other rules are listed at the end.
Did the foreign divorce deal with the property in China?
The route depends on whether the foreign divorce dealt with the property in China. Look in the judgment, or the settlement the court approved, for the flat, bank accounts and other assets in China.
- It dealt with them. The order gives the flat to one spouse, orders it sold, or orders one spouse to pay the other for a share. That order needs recognition in China; see the next section.
- It said nothing about them. A Chinese court can divide them in a new case; see property the divorce left untouched.
A general clause, for example one that leaves each spouse whatever is in their own name, may or may not count as dealing with the flat. The rule for a new case covers property not dealt with at the divorce (Interpretation (I) art 83), so the wording is checked first.
A settlement the two of you signed with no court order is a contract between you. The national rules on foreign divorces cover court judgments and a foreign court's divorce mediation document (Acceptance Rules art 3) and say nothing about private agreements. How a Chinese court treats one depends on its terms and the law that governs it.
The foreign order dealt with the flat. Does it count in China?
A foreign court's order on property in China has effect there only once a Chinese intermediate court recognises it (CPL arts 298 and 299). The property part is harder to get recognised than the divorce. It needs a treaty or reciprocity between China and that country, and an order deciding who owns a flat in China can be refused under China's exclusive jurisdiction rules (Recognition Procedure Rules art 2; CPL arts 300 and 301).
Documents, courts, refusal grounds and the separate Hong Kong route are set out in whether a foreign divorce is valid in China; recognition and enforcement are compared in recognition of a foreign judgment in China.
If the application is dismissed because China and that country have no treaty or reciprocity, a party can bring a case in a Chinese court instead (CPL Interpretation art 542). If the court recognises it and something needs doing, the court issues an enforcement order and the order is enforced under the CPL (CPL art 299). Getting the flat registered is covered near the end of this page.
The divorce said nothing about the property. Can a Chinese court divide it now?
A Chinese court can divide property that a divorce left untouched. Either former spouse can sue, and if the court finds the property is joint and was not dealt with at the divorce, it divides it (Interpretation (I) art 83). Two questions decide the case.
Was it joint property?
Under Chinese law, what either spouse earns or acquires during the marriage is joint property. That includes wages, business and investment income, and inheritances or gifts not left to one spouse alone (Civil Code art 1062). Property owned before the marriage, and property a will or gift names for one spouse only, stays personal (art 1063). Spouses can agree a different arrangement in writing (art 1065). A flat in one spouse's name can still be joint, because the test is when and how it was acquired. Whether Chinese law applies to your marriage at all is covered under which country's law decides.
How is it split?
The court first lets the two of you agree. If you can't, it decides according to the facts of the property, with regard to the interests of the children, the wife and the spouse who was not at fault (Civil Code art 1087).
Does the foreign divorce have to be recognised in China first?
China's national rules do not say directly whether a foreign divorce has to be recognised before a Chinese court divides the property. What they do say:
- A foreign judgment has effect in China once a Chinese court recognises it (CPL arts 298 and 299).
- An unrecognised foreign divorce does not stop either spouse from bringing a divorce case in China (Recognition Procedure Rules art 20).
- The court rule for divorced Chinese citizens who are both settled abroad (CPL Interpretation art 17) does not say whether the divorce must have been recognised.
- A 1993 Supreme People's Court reply required a foreigner divorced abroad to have the divorce recognised before marrying a Chinese citizen in China, and said such applications have no time limit (〔93〕法民字第2號).
If a court treats the foreign divorce as having no effect in China until it is recognised, it will see the two of you as still married there. The routes would then be recognition first, or a divorce case in China that divides the property at the same time (Recognition Procedure Rules art 20; Civil Code art 1087), described in divorce in China when one spouse lives abroad. The order matters. Once a Chinese court accepts a divorce case between you, it will not accept an application to recognise the foreign divorce (Recognition Procedure Rules art 18).
Recognising the divorce part has fewer conditions. It needs no treaty (CPL Interpretation art 542), and the court fee is RMB 100 (Recognition Procedure Rules art 16).
What if my former spouse hid or moved joint money?
A former spouse who finds out after the divorce that the other hid, moved, sold, damaged or squandered joint property, or invented joint debts to take the other's share, can sue to have the joint property divided again (Civil Code art 1092). The same article lets a court give the spouse who did it a smaller share, or none, when it divides property at a divorce. The new claim must be brought within three years of the day the other spouse discovers it (Interpretation (I) art 84). Money given to a third person during the marriage raises a different question; see whether a spouse's large gift of marital money can be undone.
A flat registered in one spouse's name carries a risk of its own. If that spouse sells it without the other's consent to a buyer who acts in good faith, pays a reasonable price and registers the transfer, the other spouse cannot take the flat back (Interpretation (I) art 28). A court can seal or freeze property while a case runs, and may ask the applicant for security (CPL arts 103 and 106). In an urgent case it can act before filing, if the applicant gives security and then sues within 30 days (art 104).
Which Chinese court hears the property case?
The court that hears a property case after a foreign divorce depends on where each of you lives:
- You are both Chinese citizens settled abroad and you sue only over property in China: the court where the main property is (CPL Interpretation art 17).
- Your former spouse lives in China: as a general rule, the court where your former spouse lives, or habitually lives if that is different (CPL art 22).
- Your former spouse has no home in China: the court where the property in dispute is, or where property that can be seized is (CPL art 276).
A flat raises one more question. Disputes over immovable property go only to the court where the property is, which is called exclusive jurisdiction (CPL art 34(1)). The CPL Interpretation defines them as property-right disputes, such as confirming or dividing rights in a building (art 28). The national rules do not say whether a property case after a divorce counts. The Supreme People's Court's list of causes of action files it among marriage and family disputes, as a "post-divorce property dispute" (離婚後財產糾紛), and guidance from the high courts of Beijing (2015) and Jiangsu (2019) keeps such cases outside the exclusive rule. Those are local documents; other courts may read the point differently.
The court is settled before filing, because a court that finds a case outside its jurisdiction transfers it (CPL art 37), and that costs time.
Which country's law decides what is marital property?
Spouses can choose the law for their property: the law where either of them habitually lives, the law of either one's nationality, or the law where their main property is. Without a choice, the law of their common habitual residence applies, and failing that, the law of their common nationality (Application of Law Act art 24). A court can treat as someone's habitual residence a place where they have lived for more than a year as the centre of their life (Interpretation (I) on the Act, art 13).
Two other rules sit beside article 24. Rights in immovable property follow the law where the property is (art 36), and a divorce granted by a court follows the law of that court's country (art 27). The Act does not say which of these governs a property case after a foreign divorce, so it is worked out for each case. The parties can agree on the law, or change their choice, until the end of argument at first instance (Interpretation (I) on the Act, art 6).
If a foreign law applies, the court ascertains it, and a party who chose it must provide it; if it can't be ascertained, Chinese law applies (Application of Law Act art 10). What the foreign law says is for a lawyer qualified there.
After a judgment, how does the flat go into one name?
A Chinese court's judgment or mediation statement that divides co-owned property changes ownership when it takes effect (Civil Code art 229; Property Interpretation (I) art 7). The register still has to be updated. The spouse who received the flat can apply to the property registry alone, with the effective court document (Real Estate Registration Regulations art 14; Implementation Rules arts 19 and 27).
If the other spouse doesn't comply, apply to the court for enforcement (CPL art 247). The court can send the registry a notice to assist, and the registry must make the transfer (art 262). Apply within two years from the deadline for performance in the judgment, or from the day it takes effect if it sets none (art 250).
For a recognised foreign order, the Chinese court document is the recognition ruling. Whether a registry acts on that ruling directly, or the transfer goes through enforcement, is checked with the registry in that city first.
To start, send a few lines: where and when you divorced, whether the order mentions the property in China, what the property is and in which city, and your former spouse's name. A conflict check comes first, so please don't send documents yet.
What does it cost?
Assessing the foreign judgment is USD 1,250, and a property case in a Chinese court is from USD 20,000 at first instance.
| Service | Fee |
|---|---|
| Assessment of a foreign divorce judgment | USD 1,250 |
| Applying to have a foreign divorce judgment recognised in China (assessment charged separately) | from USD 5,000 |
| Family assets assessment | USD 1,950 |
| Property case in a Chinese court, first instance | from USD 20,000 |
| The same, for a larger amount in dispute | from USD 35,000 |
With a foreign judgment, start with the judgment assessment; it says whether you need recognition, a property case in China, or both. If the divorce left the property untouched, start with the family assets assessment. Court fees, translation, notarisation and legalisation are paid at cost. The court fee for a property case depends on the value in dispute; the court fee calculator gives an estimate. Value bands and payment terms are on the services and fees page.
Other questions about property after a foreign divorce
Do I have to come to China for the property case?
A lawyer can act for you under a power of attorney; the rule on attending in person is written for divorce cases (CPL art 65). A Chinese citizen living abroad has the power of attorney certified by a Chinese embassy or consulate (CPL art 62). A foreign national with no home in China has it notarised locally and authenticated, or certified under a treaty (art 275). The court can still ask a party to attend to answer questions about the facts (CPL Interpretation art 110).
We divorced years ago. Is it too late?
It may not be too late: recognising a foreign divorce has no time limit, according to the Supreme People's Court's 1993 reply (〔93〕法民字第2號). Article 83 of Interpretation (I) sets no time limit of its own, and the national rules do not say whether the general three-year period applies to it. A claim over hidden or moved property has three years from discovery (Interpretation (I) art 84).
How can I find out what my former spouse holds in China?
Once a case is filed, the court can collect records you cannot get yourself. Banks may refuse anyone who asks about personal deposits unless a law provides otherwise (Commercial Banking Law art 29). A party can apply in writing, before the deadline for evidence, for the court to collect records held by a state body or involving personal privacy (CPL art 67; CPL Interpretation art 94).
Can we settle the split between ourselves, without a court?
Yes, former spouses can agree the split themselves and then register it. A transfer is normally registered on a joint application by both sides (Real Estate Registration Regulations art 14), and a change in co-owners' shares is a ground for registering a transfer (Implementation Rules art 27). What the registry needs to see for a divorce granted abroad is checked with it before either of you signs.
Related reading
- Spouse Gave Marital Money to Someone in China: Get It Back?
- China Court Fee Calculator for Family and Inheritance Cases
Sources
- Civil Code, articles 229, 1062, 1063, 1065, 1087 and 1092
- Civil Procedure Law (2023), articles 22, 34, 37, 62, 65, 67, 103, 104, 106, 247, 250, 262, 275, 276 and 298 to 301
- CPL Interpretation (法釋〔2022〕11號), articles 17, 28, 94, 110 and 542
- Marriage and Family Interpretation (I): 《最高人民法院關於適用〈中華人民共和國民法典〉婚姻家庭編的解釋（一）》（法釋〔2020〕22號）, articles 28, 83 and 84
- Property Interpretation (I): 《最高人民法院關於適用〈中華人民共和國民法典〉物權編的解釋（一）》（法釋〔2020〕24號）, article 7
- Application of Law Act: 《中華人民共和國涉外民事關係法律適用法》, articles 10, 24, 27 and 36
- Interpretation (I) on the Act: 《最高人民法院關於適用〈中華人民共和國涉外民事關係法律適用法〉若干問題的解釋（一）》（2020修正，法釋〔2020〕18號）, articles 6 and 13
- Recognition Procedure Rules: 《最高人民法院關於中國公民申請承認外國法院離婚判決程序問題的規定》（2020修正）, articles 2, 16, 18 and 20
- Acceptance Rules: 《最高人民法院關於人民法院受理申請承認外國法院離婚判決案件有關問題的規定》（2020修正）, article 3
- Supreme People's Court reply of 22 January 1993 (〔93〕法民字第2號)
- Real Estate Registration Regulations (《不動產登記暫行條例》, 2024), article 14; Implementation Rules (《不動產登記暫行條例實施細則》, 2024), articles 19 and 27
- Commercial Banking Law (2015), article 29
- List of causes of action: 《民事案件案由規定》（法〔2025〕227號）
- Beijing High People's Court, rules on civil jurisdiction (2015), article 8; Jiangsu High People's Court, guide to family cases (2019)
Translations of Chinese law on this page are unofficial. This page explains PRC law in general terms. It is not advice on a particular divorce or property.