Civil Code Article 1040
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.
On the dissolution of the community of property regime, each of the husband and the wife gets back the property of contracting for the holding of matrimonial property, unless otherwise provided for by law.The common property was caused during the continuance of the community of property regime, each of the husband and the wife acquires a half of the property, unless otherwise provided for by contract.
中文原文 民法第1040條
共同財產制關係消滅時，除法律另有規定外，夫妻各取回其訂立共同財產制契約時之財產。
共同財產制關係存續中取得之共同財產，由夫妻各得其半數。
但另有約定者，從其約定。
共同財產制關係存續中取得之共同財產，由夫妻各得其半數。
但另有約定者，從其約定。