Civil Code Article 1017
This English translation was last updated on 2021-01-20, but the Chinese text was amended on 2026-08-17. Later amendments may not be reflected in the translation — please refer to the Chinese text.
The property of either the husband or the wife shall be divided into the property acquired before marriage and the property acquired in marriage, and shall be owned respectively. If the property could not be proven to be the property acquired before marriage or in marriage, it shall be presumed as the property acquired in marriage; if the property could not be proven to be owned by the husband or the wife, it shall be presumed as owned by the husband and the wife jointly.The remains of fruits gained from the property acquired either by the husband or the wife before marriage during the continuance of the marriage relationship shall be deemed as the property acquired in marriage.If the husband and the wife have contracted the holding of matrimonial property, and then adopted the statutory regime, the property before the adoption shall be deemed as the property acquired before marriage.
中文原文 民法第1017條
夫或妻之財產分為婚前財產與婚後財產，由夫妻各自所有。
不能證明為婚前或婚後財產者，推定為婚後財產；不能證明為夫或妻所有之財產，推定為夫妻共有。
夫或妻婚前財產，於婚姻關係存續中所生之孳息，視為婚後財產。
夫妻以契約訂立夫妻財產制後，於婚姻關係存續中改用法定財產制者，其改用前之財產視為婚前財產。
不能證明為婚前或婚後財產者，推定為婚後財產；不能證明為夫或妻所有之財產，推定為夫妻共有。
夫或妻婚前財產，於婚姻關係存續中所生之孳息，視為婚後財產。
夫妻以契約訂立夫妻財產制後，於婚姻關係存續中改用法定財產制者，其改用前之財產視為婚前財產。