Immigration Guide
Vision and Wealth in Life: Wherever your gaze lands is your vision; the horizon is limitless, and so is wealth.

The total assets of a Hong Kong family typically include the following: 1. **Real Estate**: This includes residential properties, commercial properties, and any land owned. 2. **Financial Assets**: Savings accounts, stocks, bonds, mutual funds, and other investment vehicles. 3. **Retirement Accounts**: Mandatory provident fund (MPF) contributions and other retirement savings. 4. **Personal Property**: Vehicles, jewelry, art, and other valuable personal items. 5. **Business Interests**: Ownership stakes in private businesses or partnerships. 6. **Insurance Policies**: Cash value of life insurance policies and other insurance products that have a cash component. 7. **Cash and Cash Equivalents**: Liquid assets that can be easily accessed, such as cash on hand or in bank accounts.


Release time:

2022-04-18

The total assets of a Hong Kong family typically include the following: 1. **Real Estate**: This includes residential properties, commercial properties, and any land owned. 2. **Financial Assets**: Savings accounts, stocks, bonds, mutual funds, and other investment vehicles. 3. **Retirement Accounts**: Mandatory provident fund (MPF) contributions and other retirement savings. 4. **Personal Property**: Vehicles, jewelry, art, and other valuable personal items. 5. **Business Interests**: Ownership stakes in private businesses or partnerships. 6. **Insurance Policies**: Cash value of life insurance policies and other insurance products that have a cash component. 7. **Cash and Cash Equivalents**: Liquid assets that can be easily accessed, such as cash on hand or in bank accounts.

 

 

① Property acquired before marriage
Property acquired or inherited by each party before marriage completely belongs to each spouse, and neither party has the right to share with the other. Whether these properties should be included in the "family pot" for equal division during divorce depends on the specific circumstances of each case.
The general principle considered at this time is that if the marriage duration is short, the assets acquired or inherited before marriage will not be included in the family pot for distribution calculations, but this does not include the place of residence after marriage, i.e., the marital home. If the couple has been married for many years, and if not including individual assets in the family pot would severely affect one party's living situation after divorce, the court may still include these assets wholly or partially in the family pot for distribution based on principles of fairness.

 

 

② Assets acquired during cohabitation before marriage and during marriage
Assets acquired by each party during cohabitation before marriage or during marriage continue to belong to each party, and neither party has a legal obligation to share with the other.
However, it should be noted that not only are the assets acquired by one party with their own funds owned solely by that party, but assets purchased with funds withdrawn from a joint account by one party still belong to the purchasing party individually, and there is no legal requirement to share with the spouse unless there is evidence proving that the couple intended for the asset to be jointly owned.

 

However, if both spouses have mixed all their properties together, assets purchased unilaterally with funds from a joint account will be owned equally by both spouses, even if only one spouse contributed funds from the joint account.


Of course, if one spouse has changed movable or immovable property with money or materials, the contributing party can obtain corresponding rights to that property, and the share will be determined by mutual agreement; if no agreement can be reached, the court will decide. Gifts between spouses may change the nature of property ownership, and gifts must have legal procedures and evidence; otherwise, the court will not recognize them.


Once the couple divorces, generally speaking, the property acquired by each party during the marriage will be included in the "family pot" for distribution calculations.

 

 

③ Joint assets acquired during cohabitation before marriage/marriage

Joint assets are presumed to be jointly owned by both parties. Even if only one party acquired them, unless there is evidence showing a contrary intention (for example, if a joint account was opened merely for the convenience of one party), they are still jointly owned by both spouses.
Similarly, if one spouse changes jointly owned assets with money or materials,
the contributing party can obtain corresponding rights to that asset, and the share can be agreed upon by both parties at that time or later determined by the court.
Once the couple divorces, joint assets will be included in the "family pot" for distribution calculations.

 

 

④ Assets acquired after separation
Assets acquired by both spouses within one year of separation may still be included in the "family pot"; assets acquired after one year of separation will not be included in the "family pot" for distribution calculations unless they are related to the cohabitation/marriage period.

 


⑤ Gifts and compensated transfers
Under Hong Kong common law, it is presumed that property transferred by one spouse to the other during marriage is a gift, rather than a compensated transfer under contractual terms (Presumption of advancement). As for property transfers after separation, they are presumed to be compensated transfers under contract.
Of course, if there is contrary evidence, such as clear evidence during marriage proving that the transfer of individual assets was a compensated transfer made with mutual contractual intent, the above presumption can be overturned.

 

 

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