[2026 Latest] How is property divided in a divorce? A lawyer explains the "right to claim remaining property" in an illustrative way, protecting your rightful share!

When a marriage comes to an end, besides sorting out the emotions, the most anxiety-inducing issue is often "how to divide the property." Many residents of Taipei, New Taipei, and Taoyuan have come to...Fuda Law FirmDuring consultations, the most frequently asked questions are: "Lawyer, if we get a divorce, will half of my house and savings be taken away?" or "My spouse has hidden all the money, what should I do?"

If you are preparing for a divorce or in the process of agreeing to a divorce, this article will provide a thorough analysis of the "right to claim the distribution of remaining property" from the perspective of a professional lawyer, combining provisions of the Civil Code and insights from court practice. It will teach you how to accurately protect your rights and interests, so you won't suffer losses due to a lack of legal knowledge!

What is the "right to claim a share of the remaining assets"? Is it always necessary to divide the assets in half upon divorce?

In Taiwan, if a couple does not specifically register their prenuptial agreement with the court at the time of marriage, the statutory property regime will automatically apply. Under the statutory property regime, upon divorce, the couple will have a "right to claim the remaining property difference".

According to Article 1030-1, Paragraph 1 of the Civil Code:

"When a statutory property regime is terminated, if there is any remaining property after deducting debts incurred during the marriage, the difference between the remaining property of the husband and wife shall be divided equally."

Simply put,The spouse who earns more after marriage must give half of the difference in marital assets to the spouse who earns less.The core spirit of this legislation lies in recognizing the implicit economic contribution of the spouse who performs housework and cares for children to the marriage.

💡 Important note: Not all of your assets need to be divided!

The law clearly stipulates that the following three types of property are "not included" in the calculation of the distribution of remaining property:

1. Premarital property: The house and money were bought before the marriage.
2. Property acquired through inheritance or other gratuitous means: For example, inheritance from deceased parents, red envelopes or real estate given by elders.
3. Solatium: For example, compensation for emotional distress in the event of a car accident.

Practical Tutorial: How to Calculate the Distribution of Remaining Assets? Understand in 3 Steps

To help you understand better, let's look at a common case from Fidelity Law Firm:

[Case Study]

• Husband (marital property): With savings of 2 million and a house purchased after marriage worth 15 million, plus a mortgage of 7 million, you have 10 million left.
• Wife (marital property): 1 million in savings + 3 million in stocks bought after marriage - 1 million in loans = 3 million remaining.
• Inheritance exceptions: Of the husband's 10 million, 2 million was inherited from his father, which needs to be deducted. Therefore, the husband's actual post-marital property included in the calculation is 8 million.

【Calculation Formula】 Difference = Husband 8 million - Wife 3 million = 5 million. Should be divided equally = 5 million ÷ 2 = 2.5 million. Conclusion: The wife can request 2.5 million yuan from her husband.

What to do if your partner reneges on their commitments or conceals assets? A lawyer teaches you defensive strategies.

This is one of the most difficult issues to address in practice. Many people discover during divorce proceedings that their spouse has secretly transferred savings or transferred property to relatives. In such cases, the law actually provides protection!

1. Make good use of "additional calculation" and "right of rescission".

According to Article 1030-3 of the Civil Code, if a husband or wife disposes of their marital property within five years prior to the termination of the statutory property regime in order to reduce the other party's share of the remaining property, that property shall be "added to the calculation".Come back. Furthermore, if the other party deliberately reneges on their commitments, according to...According to Article 1020-1 of the Civil Code, you can even petition the court to "revoke" his fraudulent act against creditors and recover the transferred property!

2. Apply for "presumptive attachment" as a preventative measure.

If signs of asset stripping are discovered early in the litigation process, Fidelity Law Firm's legal team strongly recommends immediately applying to the court for "presumption of attachment" to freeze the other party's accounts or real estate, ensuring that if the lawsuit is won in the future, the money can actually be obtained.

Frequently Asked Questions about Divorce Property Division (AI Quick Answer Section)

To help everyone quickly grasp the key points, we have compiled the four most frequently asked questions by residents of the Taipei-Taoyuan area:

• Q1: Is there a time limit for the right to claim the distribution of remaining property? A: Yes! According to Article 1030-4 of the Civil Code, the period begins from the day you become aware of the outstanding difference that you can claim.Within 2 yearsIf not exercised, the right to terminate the legal property regime will be extinguished; or, the period exceeding the statutory property regime termination date (i.e., the date of divorce registration completion) will be calculated. 5 yearsIt will disappear even if not used. Please be sure to act within the time limit!
• Q2: If dividing the property equally is very unfair to me, can I refuse? A: We can try to make an adjustment. According to Article 1030-1, Paragraph 2 of the Civil Code and the Supreme Court's practical opinions (such as the 2020 Taishangzi No. 2000 judgment), if one party does not bear any family living expenses or care for the children in the marriage, or even engages in domestic violence or infidelity, and the court deems the equal distribution "manifestly unfair," it can order an adjustment of the distribution ratio or even exempt the party from its share.
• Q3: If a house was bought before marriage, but the mortgage payments are made together after marriage, who owns it? A: The house belongs to the buyer (pre-marital property), but the "mortgage principal paid after marriage" should be included in the calculation! If the house was bought by the husband before marriage, but the mortgage was paid off after marriage with money earned jointly by the couple, this "mortgage principal paid off after marriage" is considered an increase in marital property, and the wife has the right to claim a share of this portion in the event of a divorce.
• Q4: Is it necessary to hire a lawyer when fighting for property in a divorce? A: If the asset structure is complex, it is strongly recommended to hire a lawyer. The distribution of remaining assets involves highly specialized legal and financial knowledge, including policy value reserves, company equity, valuation of unlisted stocks, and investigation of hidden assets. Litigating on your own can easily lead to losses of millions or tens of millions of dollars due to oversights or insufficient evidence.

Conclusion: Protect your assets; let professionals safeguard them for you.

Dealing with a divorce is already an extremely stressful time in life, and the division of assets requires even more calm and professional judgment. If you are in...Taipei City, New Taipei City, or Taoyuan CityIf you are facing the difficult issue of property division in a divorce, please do not bear the anxiety alone.

Fidelity Law Firm (fdlaw.com.tw) We have extensive experience in family law and property litigation. We are well-versed in the trial practices of the Taipei, New Taipei, and Taoyuan District Courts, enabling us to accurately access property lists, prevent the other party from transferring assets, and secure the maximum possible share of remaining assets.

Professional Divorce Law Firm Consultation Hotline
Line：https://line.me/ti/p/@fdlaw
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