China’s New Divorce Law Limits Spousal Property Claims

China has enacted a new divorce law that prevents spouses particularly wives from claiming ownership of property solely registered under their partner’s name after a divorce.

The legislation, which came into effect in mid-2025, revises long-standing provisions that previously allowed joint claims on family assets regardless of whose name appeared on the property deed.

Under the new regulation, only properties that are jointly purchased and registered under both spouses’ names will be considered marital assets and subject to division.

Legal analysts say the change is part of a broader effort by the Chinese government to reinforce personal property rights and reduce contentious divorce battles, which have surged in recent years alongside rising real estate values.

However, critics argue that the law disproportionately affects women, who often contribute to household expenses and child-rearing without formal ownership of family property.

Under traditional customs and practices in China, men are more likely to be the sole buyers and registered owners of marital homes.

The new law thus raises concerns about the economic vulnerability of divorced women, especially homemakers who may have sacrificed careers for domestic responsibilities.

Women’s rights groups and legal scholars have called for additional protective measures, such as mandatory spousal property registration or compensatory provisions for non-financial contributions made during marriage.

They warn that without such protections, the new law may lead to increased inequality and social tension.

The Chinese Ministry of Justice has defended the reform, stating that it aims to clarify property boundaries, encourage more equitable marital arrangements from the onset, and reduce legal ambiguities in court proceedings.

As the law takes effect, public debate continues to intensify over its long-term impact on marriage, gender equity, and family stability in modern China.