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Chapter Law Content

Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅳ Family
Chapter II Marriage
Section 4 Matrimonial Property Regimes
Subsection 2 Statutory Regimes
Article 1016
(Repealed)
Article 1017
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.
The remains of fruits gained from the property acquired either by the husband or the wife before marriage during the continuance of the marriage relationship shall be deemed as the property acquired in marriage.
If the husband and the wife have contracted the holding of matrimonial property, and then adopted the statutory regime, the property before the adoption shall be deemed as the property acquired before marriage.
Article 1018
The husband or the wife would manage, use, collect fruits from, and dispose his or her own property respectively.
Article 1018-1
With the exception of the living expenses of the household, the husband and the wife may contract a certain amount of money paid by one for the other's free disposition.
Article 1019
(Repealed)
Article 1020
(Repealed)
Article 1020-1
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.
Article 1020-2
The claim for annulment provided in the preceding paragraph shall be extinguished if it is not exercised within six months from the time when the husband or the wife has known the reason for annulment, or if one year has elapsed from the time when the act has been committed.
Article 1021
(Repealed)
Article 1022
The husband or the wife is under an mutual obligation to inform the other of the condition of his or her property acquired in marriage.
Article 1023
The husband or the wife is respectively liable for his or her own debts.
When the husband or the wife discharges the other's debts with his or her own property, even if it is during the continuance of the marriage relationship, he or she may claim for payback.
Article 1024
(Repealed)
Article 1025
(Repealed)
Article 1026
(Repealed)
Article 1027
(Repealed)
Article 1028
(Repealed)
Article 1029
(Repealed)
Article 1030
(Repealed)
Article 1030-1
Upon dissolution of the statutory marital property regime, 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.
The court may adjust or waive the share of distribution provided that equal distribution is unfair when one party of the husband and the wife offers no contribution nor collaboration to the marital life or when other conditions are met.
When making the decision of the preceding paragraph, the court shall consider synthetically the factors such as household labor, caring and nurturing of the child, the collaboration of contribution to the family, the length of time of living together or separately, the time of receiving the property acquired in marriage or each party’s economic ability.
The claim in the first paragraph shall not be assigned to others or be passed to heirs, unless it has been acknowledged by a contract or unless a legal action has been commenced.
The right to claim for distribution of the remainder of the property in the first paragraph shall be extinguished if not exercised within two years from the time where the claimant has known that there is such a remainder; or if five years have elapsed since the dissolution of the statutory marital property regime.
Article 1030-2
If the husband or the wife discharged his or her debts incurred before marriage with his or her property acquired in marriage, or if discharged his or her debts incurred during the continuance of the marriage relationship with his or her property acquired before marriage, unless this property has been made up, it shall be counted into the remainder of the property acquired in marriage or the debts incurred during the continuance of the marriage relationship upon the termination of the relationship over the statutory regime.
If the husband or the wife discharged his or her debts with his or her property described as the exception in the first paragraph of the preceding article, the provisions provided in the preceding paragraph shall be applied.
Article 1030-3
If the husband or the wife, in order to reduce the other's share of distribution of the remainder [of the property], disposed his or her property acquired in marriage within five years before the termination of the relationship over the statutory regime, this property shall be counted into, and deemed as the remainder of the property acquired in marriage, except the disposition was a proper gift for performing a moral obligation.
In the preceding paragraph, where one who is obligated to pay the share of distribution [of the remainder of the property] could not pay off those the other is entitled to receive, the one who is entitled to receive may claim to the third party for restituting the shortness of the share to the extent that the third party is benefited; however if the third party is not gratuitously benefited, the claim for restituting [the shortness of the share] may be made only if the third party is benefited from an obviously uneven payment.
The claim to the third party provided in the preceding paragraph shall be extinguished if it is not exercised within two years from the time when the claimant has known the infringement of distribution right [of the remainder of the property], or if it has elapsed five years from the termination of the relationship over the statutory regime.
Article 1030-4
The value of the remainder of the property by the husband or the wife acquired in marriage shall be counted at the termination of the relationship over the statutory regime; however if the relationship is terminated by a juridical decree of divorce, it shall be count at the commencement of the action.
The value of the property counted into the remainder of the property acquired in marriage referred to in the preceding article shall be counted at the time of the disposition.
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