Hi, I am a european planning to marry my gf in Taiwan soon. Does anybody know if one can choose between community property and separate property (in other words, choice between each marriage partner keeping his/her property separate and combining properties)?
Thanks
Rob
Sorry we didn’t give you an answer sooner, OP. I’m reviving this thread because the topic has recently. come up.
I’m by no means an expert and whoever is having this kind of problem definitely should consult a lawyer instead of the internet, but I’m gonna post the relevant provisions here anyway:
Civil Code Article 1004
[quote]
The husband and the wife may, before or after getting married, adopt by contract one of the contractual regimes provided by this Code as their matrimonial property regime.[/quote]
Article 1005
[quote]
Where the husband and the wife have not contracted the holding of matrimonial property, unless otherwise provided by this Code, the statutory regime shall be applied.[/quote]
Statutory regime
Article 1017
[quote]
The property of either the husband or the wife shall be divided into the property acquired before marriage and the property acquired in marriage, and shall be owned respectively. If the property could not be proven to be the property acquired before marriage or in marriage, it shall be presumed as the property acquired in marriage; it the property could not be proven to be owned by the husband or the wife, it shall be presumed as owned by the husband and the wife jointly.[/quote]
Article 1020-1
[quote]
Where the husband or the wife’s gratuitous act on his or her property acquired in marriage during the continuance of the marriage relationship endangers the other’s right to claim for distribution of the remainder [of the property] upon the termination of the relationship over the statutory regime, the other may apply to the court for its annulment, except it was a proper gift for performing a moral obligation.
Where the husband or the wife’s non-gratuitous act on his or her property acquired in marriage during the continuance of the marriage relationship endangers the other’s right to claim for distribution of the remainder [of the property] upon the termination of the relationship over the statutory regime, the other may apply to the court for its annulment only if it was done with knowledge of the endangerment and the beneficiary knew this upon the receipt of the benefit as well.[/quote]
Article 1030-1
[quote]
Upon dissolution of the statutory marital property regime (aka divorce, death of the spouse), the remainder of the property acquired by the husband or wife in marriage, after deducting the debts incurred during the continuance of the marriage relationship, if any, shall be equally distributed to the husband and the wife, except property listed as follows:
(1) Property acquired from succession or as a gift
(2) Solatium[/quote]
Community regime
Article 1031
[quote]
With the exception of separate property, all the property and income of the husband and the wife constitute common property to be owned by them in common.[/quote]
Article 1041 (this is the French system)
[quote]
The husband and the wife may agree by contract that the common property shall consist only of labor income.
Labor income as specified in the first paragraph comprises earnings from salary, wage, shares, bonus and the other related income acquired by the husband and the wife during the continuance of marriage relationship, as well as the interests and substitute profits of the labor income.
The property could not be proven as the labor income or the other property rather than labor income, will be presumed as labor income.[/quote]
Separation of Property Regime
Aritlce 1044
[quote]
In the separation of property regime, the husband and the wife each retains the ownership, and each party manages, uses, collects fruits from and disposes his or her own property respectively.[/quote]