intl-marriage legal team
中文版
Cell:86-13901064969  8610(010)-65288888
Director Lawyermore>>

Attorney Qingpan Shi is director of foreign-related marriage lawyers team
E-mail: 13901064969@163.com
Cell:86-13901064969; 8610(010)-65288888 Attorney Qingpan Shi
QQ: 645901357
Address: 3rd Floor Chang’anBuiding (Chang’an Club), No. 10, East Chang’an Ave, Beijing

Post Code: 100006

 
Foreign-related Divorce litigation
current position:home > Foreign-related Divorce litigation > detailed information
Property Division of Foreign-related Divorce
add time:2014-4-13 20:44:19     view count:1404

Property Division of Foreign-related Divorce

How to divide the property when it comes to foreign-related divorce?

International divorce accepted by China court, in which the issues of divorce and division of property are concerned, comply with China laws. The validity of marriage depends on the laws of the marriage place.

It is written in all civil laws of all countries that, the ownership of real estate rests with the real estate in-situation law.

1. According to this provision, the property dispute of divorce might not be solved at the time of divorce. In other words, in the process of divorce, the court which accepted the proceedings can only handle the real estate and personal property in the place of divorce; as for the real estate in other countries and areas, the parties need to get the dispute solved in the places where the real estate stands.

2. If couples have divorced in other countries and left the real estate in China undivided, having trouble reaching negotiated settlement on the real estate in China; they are required to file to the intermediate people's court where one side is registered, for the application of the recognition on their marriage. Then the dispute of division of property can be solved by the real estate in-situation court.

As for the divorce concerning HK and Macao citizens, if the personal property and real estate in HK and Macao can be proved to be the community property, they are divided with the community property in China mainland.

When the properties in HK and Macao are divided with the ones in mainland, the ones in HK and Macao can be given to the HK and Macao citizen who is obliged to offer monetary compensation to the citizen of mainland. Or, the ratio of divided properties in mainland which belong to the citizen of HK and Macao can be removed or reduced, and the properties in mainland would be given to the citizen of mainland, all or partially.

If the citizen of mainland is ordered to raise children, the properties in mainland which is supposed to be given to the citizen of HK and Macao can be taken as upbringing cost, given to the citizen in mainland.

previous page  How do foreign divorce judgments gain recognition of China court?  
next page  Which court in China mainland can file divorce in?
Copyright@www.intl-marriage.com  
E-mail:13901064969@163.com  
  Cell:86-13901064969     8610(010)-65288888     Attorney Qingpan Shi  
  Address:3rd Floor Chang’anBuiding (Chang’an Club), No. 10, East Chang’an Ave, Beijing   
  Post Code:010000