Are divorce disputes involving real estate exclusively under the jurisdiction of the court where2
- Time:2021-06-22
- counter:1484
From the perspective of legislative interpretation, Article 17 of the Interpretation of the Civil Procedure Law stipulates that divorced Chinese citizens who have both settled abroad shall be subject to the jurisdiction of the People's Court in the place where the main property is located if they only bring a lawsuit on the division of domestic property.
Furthermore, the handling of such cases is attached with the divorce part, and bound to take into account the reasons for the dissolution of the following: marriage relationship, child support, other property division, as well as to ensure the unity of application of laws and the consistency of judgment results in this kind of cases.
In addition, since divorce cases are subject to general territorial jurisdiction if a property case after divorce is subject to exclusive jurisdiction of real estate, the following problems will inevitably arise: if couples have multiple sets of real estate in different regions, the divorce case must handle all the property together. If the property were handled separately in the courts where different real estates are located, it would be very complicated to handle a divorce case involving properties in different places.