Hi, guys. So, I’m seriously considering getting married in Taiwan to a local, but I want to go into it under a separate property regime. How does one go about doing this? Is there a box on a form to check when you get married or do you have to go to a lawyer and have the agreement drafted?
Never heard of it in my 20 years here. Similar to the idea of a prenuptial agreement.
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You can do it by yourselves, but need to register to a court.
Articles 1044 and 1046 of Civil Code are on the regime.
And here is the regulation on the registration. In Chinese.
法人及夫妻財產制契約登記規則
https://law.moj.gov.tw/LawClass/LawAll.aspx?pcode=B0010017
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Here is how to do it. In Chinese.
辦理夫妻財產制契約登記程序
http://pcd.judicial.gov.tw/index.asp?struID=777&cid=804&offset=0&selectID=86
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Thanks for the education! I love learning new stuff!
Cheers.
So how does this work your register your property so your other partner can not take it from you if they divorce. ???
Thanks for the information.
That’s what I want to know. In fact, that’s what I thought was impossible.
As a foreigner married to a Taiwanese, without children, my in-laws are legally entitled to half of our marital assets if my wife were to unexpectedly pass away. I think this is really crap.
I’d like to know if doing preparing a legal property disposition would legally prevent this happening.
Divorce is another issue for me entirely. I would simply walk away and give everything to my wife and return to the US. But, in the event of her untimely death, I wouldn’t want her family to take half my stuff just because they are legally entitled to it.
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So, this is not how it works.
Half of your marital assets are you wifes, they are not your stuff but hers. So, in the event of her death(or if you get a divorce) your marital assets are split 50/50. Your wifes kids, parents, whoever is alive then inherits only from your wife’s assets(not from your 50% share, you get to keep it all)
The above is how it works in continental europe and with some exceptions in hk as well, so its not really anything out of the ordinary.
I though you said to law school, what field? Above is pretty common in both civil and common law jurisdictions…
that is how it works, iirc.
if you register which assets are whose by the regime, property to be inherited is not a half of your marital assets, but just the assets registered as hers. Your in-laws are entitled to a half of her assets, if there is no will.
Surely the aim here would be for her to specify, in her will, that her property passes to the husband?
I’m from America. This ain’t how we roll in the US. I couldn’t give a rat’s ass how things are in Hong Kong, China and I could really careless about Europe! As an American attorney, why would I know or care anything about the laws of these countries?
My mother passed away and by law, my father automatically inherited all my mother’s assets and all joint assets since my mother didn’t have a separate will or trust designating any other beneficiaries. My mother’s family had no legal claim to anything upon my mother’s death.
When I die, my wife inherits all my US property and other assets. My sisters have zero legal claim to any of it.
This is the way it should be. USA rocks!
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Just saying, the taiwanese system is not in any way unusual…
Besides, your wifes family are not taking half your stuff, they only take your wifes stuff. I guess the concept is similar to what you got in the usa in some states, i think its called community property system.
This community property system is at fault why inherited properties become hard to sell in Taiwan.
I haven’t made such experience myself, so the following is hearsay:
e.g. the owner inherited the property from deceased partner but small percentage of it belong to other family members. If the property should be sold and there is a disagreement, the sale can be stalled for a long time.
So disgruntled in-laws can stick it to you and block you from selling. Unless you generously pay them off.
@tando Do you know if that’s true?
It’s ALL mine. My wife’s stuff is mine and my stuff is hers. Her family has absolutely no moral claim to any of it. Only because of stupid Taiwanese laws does it matter.
And, no, Taiwan is nothing like the US. Community property doesn’t mean that my sisters have any legal rights to any of my property, EVER. My wife becomes the sole beneficiary and owner of all my property upon my death, as it should be! Why in the world should any of my surviving siblings or parents have any claim to anything once I’ve died? Stupid!
By the same token,I bring the US equivalent of 30 million NTD to this 3rd world rock, purchase 10,000 ping of land and build a real house on it, so I don’t have to live in a garbage high rise apartment that looks like a low income housing project. My wife uses her name to buy the land as it’s farm land, so if she dies unexpectedly, her family relatives are legally entitled to half of my shit!? Bollocks! Something they never worked for, they can just take? Something my wife herself didn’t contribute toward? You think that’s morally right? Only a selfish, greedy Chinese would think this way.
Calm down, man! We’re all friends here. 
No need to pissed off 
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The only thing to do is to minimize the fallout.
Make sure the property is registered and owned by both partners.
In that case the living partner gets to own 75% of the property. 50% ownership + 25% inherited (half of partner’s 50% ownership).
Otherwise it would be only 50% inherited as the sole owner was deceased partner.
And the rest will be divided by children, parents and siblings. That can be a lot of people in a bigger family. Hopefully you have a great relationship with all your in-laws 
Interesting
I think that is 分別共有 in Chinese. The really trouble some way is 公同共有 (土地登記規則120條) in Chinese.
No time to put English info now.
I’m good. Just motivated! Lol
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