Key points
This case in 30 seconds
- Situation
- The client and the other spouse registered their marriage on the Mainland, and one property was registered in the other spouse’s name. The client had always assumed that, because the property was not in his own name, he would get no share on divorce.
- Approach
- We helped the client first gather the details of the Mainland property. Both sides must give full disclosure in a financial statement.
- Result
- Once the Mainland property had been fully disclosed, the client and the other spouse began discussing how to divide the assets. When they reached agreement on the split, we helped the client follow through on the arrangements.
Three points: disclose first, then discuss
- We helped the client first gather the details of the Mainland property.
- Both sides must give full disclosure in a financial statement.
- Whoever the property is registered to, the court can order it to be transferred or sold.
Background
The client and the other spouse registered their marriage on the Mainland, and one property was registered in the other spouse’s name.
He had always assumed that, because the property was not in his name, he would get no share on divorce.
He was not sure how to handle it, and worried that he might lose out on this asset by starting divorce proceedings.
- Not sure whether the property counts in the division
- Not sure what information to prepare for disclosure
- Worried the other spouse would react badly
He had searched online himself, but the answers contradicted each other and he did not know where to start.
Before starting divorce proceedings, he wanted to be sure whether he really had no claim on this property.
To find out, the first step is to gather and disclose the details of the property.
Why disclose a property that is in the other spouse’s name?
In this case we chose to disclose first: the sooner everything is on the table, the firmer the ground for discussing the split.
If the property is in the other spouse’s name, will the Hong Kong court still count it?
Property bought after the marriage is generally community property, whoever’s name is on the property certificate.
| What people assume | In fact | |
|---|---|---|
| Whether the property counts | Assumed it does not count | Counted among both spouses’ assets |
| Starting point for the split | Assumed no share | Equal division as the starting point |
| Who must disclose | Assumed no disclosure needed | Both sides must disclose fully |
| Enforcement on the Mainland | Assumed to take effect automatically | A separate application to a Mainland court is needed |
When the Hong Kong court divides property, it counts all assets in either spouse’s name, including Mainland property and savings. It starts from an equal division and adjusts to the needs of the case.
Whoever the property is registered to, the court can order it to be transferred or sold.
What do you need to prepare to disclose a property?
Both sides must give full disclosure in a financial statement.
Both sides complete Form E, disclosing income, assets and liabilities honestly and attaching supporting documents. We help you go through it item by item.
How is the split discussed?
To enforce a Hong Kong order to transfer or sell property on the Mainland, you must apply separately to a Mainland court. It does not take effect automatically.
Similar situations may also relate to “a cross-border divorce where the other spouse is on the Mainland” or “a cross-border divorce where the couple married in Hong Kong”, which you may read alongside.
Once the property details are gathered and disclosed, what remains is knowing how each stage works in practice.
How we helped
From the first consultation to putting the agreement into effect, the same dedicated consultant follows your case. Our help comes in three stages.
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Gathering details
From the first consultation
At the first consultation, the dedicated consultant starts by understanding the situation of a Mainland property registered in the other spouse’s name.
We helped the client first gather the details of the Mainland property.
With the information complete, disclosure is clearer.
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Disclosure stage
Once everything is in order
Once the information is in order, we help the client prepare the documents.
We help the client prepare the documents to disclose the Mainland property details to the other spouse.
Disclosure to the other spouse is made only once the documents are ready.
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Split discussion stage
After disclosure
Next, we remind the client to discuss a split with the other spouse on the basis of the information disclosed.
There is no standard way to split assets; it has to be discussed according to both spouses’ circumstances.
There is no standard answer; the discussion depends on the circumstances.
Throughout, the client could phone the dedicated consultant at any time, in Cantonese, Mandarin or English.
While gathering and disclosing, we explain the content of every document, and the next step, to the client first.
We are a divorce consultancy. We help you organise information, prepare documents and understand the procedure. If your case needs legal advice or a representative in court, we will tell you honestly and help you make other arrangements.
With the three stages joined up, this was the outcome.
Outcome
Once the Mainland property has been fully disclosed, the two sides begin to discuss; when they reach agreement on the split, we help the client follow through on the arrangements.
Because the property has been fully disclosed, the discussion that follows has a basis, and there is no need to guess whether the other spouse holds other assets.
Throughout, the dedicated consultant prepares documents from the information disclosed and reminds the client of the arrangements needed for the next step.
Without gathering and disclosing first, a rushed demand for a split often lacks a basis and easily leads to disputes.
Now both sides are putting the agreed split into effect, and the client no longer worries about losing the property just because it was registered in the other spouse’s name.
How does the procedure change if your situation is different?
The approach in this case follows from the property being registered in the other spouse’s name; if the situation differs, the approach will change too.
More than one Mainland property: However many properties there are, the Hong Kong court considers them all when dividing property.
Other spouse out of contact on the Mainland: If the other spouse cannot be found, see the approach in “the case of a spouse who cannot be contacted”.
Suspect the other spouse is hiding assets: If you suspect concealment, you can ask the court to require the other spouse to produce further documents and explain.
Three things you can do first in a similar situation
- First find out whether the other spouse holds any Mainland property or savings.
- Gather the asset details you already know, including the basic details of the property.
- Ask a dedicated consultant first how disclosure and the split discussion can work.
FAQ
If a Mainland property is in the other spouse’s name, does it count in a Hong Kong divorce?
Property bought after the marriage is generally community property, whoever’s name is on the property certificate.
When the Hong Kong court divides property, it counts all assets in either spouse’s name, including Mainland property and savings. It starts from an equal division and adjusts to the needs of the case.
If the property is in the other spouse’s name, what can the court do?
Whoever the property is registered to, the court can order it to be transferred or sold.
What information do you need to prepare to disclose a Mainland property?
Both sides complete Form E, disclosing income, assets and liabilities honestly and attaching supporting documents. We help you go through it item by item.
What can you do if you suspect the other spouse is hiding assets?
Both sides must give full disclosure in a financial statement.
If you suspect concealment, you can ask the court to require the other spouse to produce further documents and explain.
Is the split always 50/50?
When the Hong Kong court divides property, it counts all assets in either spouse’s name, including Mainland property and savings. It starts from an equal division and adjusts to the needs of the case.
Does a Hong Kong order to transfer or sell property also take effect automatically on the Mainland?
To enforce a Hong Kong order to transfer or sell property on the Mainland, you must apply separately to a Mainland court. It does not take effect automatically.
Does disclosure mean the split has already been agreed?
After disclosure, both sides still have to discuss the split, and we help the client follow through on the arrangements.
Do you give legal advice or represent clients in court?
We are divorce consultants. We help you gather information, prepare documents and understand the procedure.
If your case needs legal advice or court representation, we will tell you honestly and help you make other arrangements.
Illustrative case: this page is adapted from similar cases we have handled. The people and details have been changed, and it is not a record of an identifiable client.
Every case is different, and the time taken and the result will vary. This page is general information only. It is not legal advice and is not a promise about your case.
