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How to settle foreign-related divorce property?

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How to settle foreign-related divorce property?


        

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  • 2024-06-23 11:00:02

    The civil laws of all countries in the world stipulate that the ownership of immovable property shall be governed by the law of the place where the immovable property is located. Attention should be paid to the following situations:
    1. Based on this provision, the property disputes involved in the divorce may not be solved at the same time. That is to say, if both parties apply for divorce and some of the real estate is in other countries or regions, then in the divorce court, they can only deal with the real estate and movable property located in the court of the divorce place. For the real estate that is not in the court of the divorce place, both parties can only separately resolve the real estate dispute in the place where the real estate is located.
    2. Both parties to the divorce have gone through divorce procedures in other countries, but the real estate involved has not been divided in China. If both parties cannot settle the real estate located in China by agreement and need to settle it through court proceedings, both parties should first apply to the intermediate people's court in the place where the applicant is located to recognize that the divorce of both parties abroad is valid, and then apply to the court in the place where the real estate is located to settle the property dispute through litigation.

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