The Court's Resolution of Divorce Cases Involving Real Estate Disputes: Determination Process?

How does the court resolve divorce cases involving disputed real estate?

In the case where a dispute arises over the division of real estate assets after a divorce, and the residence of the defendant and the location of the disputed real estate are different, which court has jurisdiction to resolve this?

Answer:

According to Clause 1, Article 28 of the Civil Procedure Code 2015, disputes over the division of property after a divorce are considered disputes concerning marriage and family.

According to Point a, Clause 1, Article 39 of the Civil Procedure Code 2015:

The court where the defendant resides or works, if the defendant is an individual, or where the defendant is headquartered, if the defendant is an agency or organization, has the authority to resolve at first instance level disputes concerning civil, marriage, family, business, commercial, and labor matters as stipulated in Articles 26, 28, 30, and 32 of this Code.

In this case, the marital relationship has ended due to the divorce, but post-divorce property disputes are still considered marital and family disputes according to Article 28 of the Civil Procedure Code 2015.

Therefore, based on the above regulations, the court where the defendant resides or works has the jurisdiction to resolve the case.

Which court handles real estate disputes?

Which court has jurisdiction to resolve real estate disputes? My uncle is currently dealing with a real estate dispute. He bought land at a low price, but the land does not have a red book (land-use right certificate). Now, someone with a red book claims that the land belongs to them. I would like to ask, if my uncle wants to sue, which court should he file a petition with?

Answer:

The jurisdiction to resolve civil cases by geographical territory, in cases where the object of the dispute is real estate, lies only with the court where the real estate is located (Clause 1, Article 39 of the Civil Procedure Code 2015).

Jurisdiction of the court in dividing inherited real estate?

Mr. A married Mrs. B, residing in district T, and they have two grown children, C and D. Their assets include a house and a parcel of land inherited jointly. Mr. C, who has married and has one common child G and one stepchild H, passed away in July 2019, and Mr. A passed away in December 2019 without leaving a will. In February 2020, Mrs. B’s family requested the People's Court of district Q to divide Mr. A’s inheritance. Does the People's Court of district Q have jurisdiction to divide Mr. A's inheritance? Why? We look forward to the editorial board's advice. Thank you sincerely!

Answer:

Since you did not specify in which district Mr. A's house and parcel of land are located, the editorial board can only provide general advice as follows:

First, pursuant to Clause 5, Article 26 of the Civil Procedure Code 2015, this is a civil dispute under the jurisdiction of the court.

Additionally, Clause 1, Article 35 of the Civil Procedure Code 2015 stipulates that civil, marriage, and family disputes are under the jurisdiction of the district-level People's Court.

Regarding territorial jurisdiction, Point c, Clause 1, Article 39 of the Civil Procedure Code 2015 stipulates that disputes over real estate are only resolved by the court where the real estate is located.

Therefore, the division of inheritance, if disputed, will be resolved at the district-level People's Court where the real estate is located.

Regards!