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Question
I am an American citizen. Married a Chinese citizen in the US. Moved to China over two years ago. Marriage is only three years old
Question 1- where do I go for a divorce, China or the US.
2- I bought a house in China all my funding. We have no children what is she entitled too. She hasn't worked or contributed to the marriage. She owns nothing and has nothing. House is totally paid for.
3- after moving to China all relations between us totally stopped
Q1. Since your marriage was made in US, I think the US court can take your divorce case.
Q2. About the property, it should apply the law of place of immovables as applicable law.
According the Chinese Marriage Law, the property achieved during your marriage is the community property. Your wife may entitle to half of it.
BTW, if US court refuse to take this case, you can also file the divorce proceeding in Chinese court where you wife lived.
rgds.
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John Dong
Expertise
Chinese Lawyer. Practiced in Guangzhou, China. I can answer questions about Chinese businese and commercial law especially investment in China.Also I can answer other question about Chinese law. skype: johnsondong email: dong_xz#tom.com https://www.xing.com/profile/John_Dong3
Experience
Over 10 years practice in the field of Chinese law and international law.
Extensive practice in company law, real estate law, banking, corporation establishment, foreign investment and other foreign affairs. intellectual property settlement, commercial litigation, civil litigation, administrative litigation, criminal defend, divorce, tort liability, product liability. Draft pleadings, defences, motions.
Organizations
Yingke Law Firm Guangzhou Office. Attorney at Law.
Address: 15,16,17,18/F, B tower, Southern Media Building, No.289 Guangzhou Avenue M., Guangzhou, Guangdong, P.R. China. Post Code: 510610
Tel: 8620-6685-7288 Fax: 8620-6685-7289 Mobile: 86-189-2611-5891 http://www.yingkelawyer.com/
Publications
Province Ruled by Law, Economy and Development, Jan. 1998.
Auditors's Liability to Third-Party under the Jurisdiction of U.S.A, Hebei Law Science, May, 1999.
The Legal Framework of Real Estate Mortgage, Postgraduate Journal of Jinan university, June, 1999.
Education/Credentials
Law School:
Jinan University, Economic Law Department,
LL.M (Masters Degree in Law) in Economic Law, 1997-2000.
Zhongshan University, Law Department,
J.D. in Economic Law, 1990-1994.
Past/Present Clients
V*** Inc. (US, NY), F*** Co., Ltd. (US, NY), V*** Inc. (US, CA), S*** GmbH (Germany), S*** Ltd. (Japan), N*** Group. (Italy), W*** Gmbh&Co.KG. (Germany), N*** (CHINA) LIMITED(Hong Kong), L*** Limited of Hong Kong, D*** Bank, Ltd. (Hong Kong), K*** Limited (Hong Kong), F*** Limited (Hong Kong), P***HoldingsCo. Ltd. (Hong Kong), N*** Holdings Limited. (Hong Kong) and etc.
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