Civil Code Article 1041

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 husband and the wife may agree by contract that the common property shall consist only of labor income.Labor income as specified in the first paragraph comprises earnings from salary, wage, shares, bonus and the other related income acquired by the husband and the wife during the continuance of marriage relationship, as well as the interests and substitute profits of the labor income.The property could not be proven as the labor income or the other property rather than labor income, will be presumed as labor income.The property rather than the earnings of the husband or the wife is governed by the provisions concerning the separation of property regime.The provisions in Article 1034, Article 1038 and Article 1040 shall be applicable mutatis mutandis to the first paragraph.
中文原文 民法第1041條
夫妻得以契約訂定僅以勞力所得為限為共同財產。
前項勞力所得,指夫或妻於婚姻關係存續中取得之薪資、工資、紅利、獎金及其他與勞力所得有關之財產收入。
勞力所得之孳息及代替利益,亦同。
不能證明為勞力所得或勞力所得以外財產者,推定為勞力所得。
夫或妻勞力所得以外之財產,適用關於分別財產制之規定。
第一千零三十四條、第一千零三十八條及第一千零四十條之規定,於第一項情形準用之。

English translation for reference only; the Chinese text prevails. Not legal advice.