Question:

My wife and I were separated for many years now, but do not want a divorce. To avoid later disputes, we want to share the common property agreement when there was no marriage? What should we do?

Answer:

Article 29 - Marriage and the Family Law stipulates: 1. When the marriage exists, in the case of husband and wife own investment business, to fulfill the obligation of confidentiality or other reasons, the couple may agree to divide their common property, the property must be divided in writing, if not agreement, they may request a court settlement. 2. The division of joint property of husband and wife for evading obligations to property was not recognized by law. Under the provisions on the husband and wife can agree to share the common property during marriage, provided there is good reason and there is no evading the obligations of the property. The agreement divided the common property of spouses during marriage is made in writing and clearly state the following: a) reason for division of assets; b) The division of assets (including real estate , estate, property rights), which should clearly describe the property being subdivided or the value of assets are divided; c) does not divide the remaining assets, if any; d) The time effect the sharing of common properties, e) Other matters, if any. Written agreement divided the couple's common property must specify the date, month and year must be in writing and signed by both husband and wife; written agreement may be witnessed or notarized or authenticated at the request of the couple or as prescribed by law. In cases where spouses do not agree on the division of common property, then both parties or one party may request the court settlement.