Separate Spouse Property and Marital Property Are Different Categories
| Property source | General regime | Evidence |
|---|---|---|
| Before marriage | Separate property | Date and payment |
| Gift to spouse | Separate property | Gift and transfer |
| Inheritance | Separate property | Inheritance certificate |
| Purchase in marriage | Usually common | Source of funds |
| Separate funds in shared purchase | Share dispute possible | Money trail |
Do not rely only on the property register
Title in one name does not override the statutory marital regime.
Evidence the separate source
Funds must be traceably connected to the acquisition.
Assert rights before realization
Restoring the property position is harder after sale.
On Sale of a Common Asset the Spouse Receives the Relevant Proceeds
Article 34 of the Family Code treats property acquired during marriage as common regardless of the registered owner. Article 36 identifies pre-marriage property, gifts, inheritance and certain personal-use items as separate. Under Article 213.26(7), a common asset may be sold as a whole; the other spouse receives the applicable proceeds after the special allocation for common obligations. The spouse may participate in sale disputes, challenge inclusion of separate property and, where justified, seek division before auction. Build one chronology before reaching a conclusion: marriage, receipt of funds, acquisition, end of shared life, division, acceptance of the bankruptcy petition and sale. The court reviews documents, source of funds, payment purpose and conduct rather than household labels. Statements, contracts, receipts and court orders are stronger than oral explanations. The spouse should join the relevant dispute in time, object before sale and preserve evidence of separate ownership. A conclusion about one asset should not automatically be applied to every family asset.