回複:夫妻在美國離婚,國內房產問題請教。

來源: apt 2012-02-29 11:11:41 [] [博客] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1005 bytes)

There are several issues to consider. First, each state has different statute of limitation for omitted property in a divorce action. Some states have none. The marriage was terminated in 2009. Three year passage of time is not short and your action may be barred by your state law. Second, US courts do not usually have jurisdiction over foreign properties. To divide foreign property, US courts must have both in personam jurisdiction and in rem jurisdiction. In my opinion, the court does not have jurisdiction over your foreign assets. This does not mean, however, the court cannot do anything. Marital property or community property should be equally divided upon divorce. The court may order a conveyance from one party to the other. Third, you said both parties consented there would be no further property dispute after divorce. Is this something in the divorce decree? If so, it may bar any further action regarding this property, even though it is not specifically mentioned in the order.

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回複:回複:夫妻在美國離婚,國內房產問題請教。 -fionna51- 給 fionna51 發送悄悄話 (180 bytes) () 03/02/2012 postreply 09:07:24

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