Family Law & Wealth Succession

Where one spouse signed the purchase contract and paid the down payment before marriage, the mortgage was repaid with marital property, and title is in that spouse's name, the parties may agree on division. Failing agreement, courts usually award the home to the registered owner, who compensates the other spouse for marital repayments and the corresponding appreciation and bears the remaining loan.

The Civil Code recognises handwritten, written-on-behalf, printed, audio or video, oral and notarised wills, each with its own witnessing and signing rules. Where several wills conflict, the last one prevails, and a notarised will no longer takes priority. A will must reserve a necessary share for an heir who cannot work and has no source of income.

The Arrangement on Reciprocal Recognition and Enforcement of Civil Judgments in Matrimonial and Family Cases between the Mainland and Hong Kong took effect on 1 February 2024. It covers divorce, nullity, child custody and access, property division and related orders. Applications go to the competent intermediate people's court with a copy of the judgment and proof that it is effective.

Common tools include wills, prenuptial and marital property agreements, life insurance, family trusts, holding structures for family businesses and voluntary guardianship. Each tool differs in control, privacy, tax and asset protection, so they are usually combined and designed around family members' nationalities, asset locations and business operations.