香港夫妻財產分配

2014-06-15 12:58 am
我想請問一下,

如果一個香港人和一個大陸人在大陸結婚後,大陸人申請來港,成為香港人,之後夫妻在大陸購買房產,再之後在香港離婚,我想請問,這時候的財產分配是根據香港法律還是採用大陸法律?

謝謝:)

回答 (2)

2014-06-15 1:39 am
✔ 最佳答案
Mainland law.

It is a complicated issue. In theory, as the couple lives in Hong Kong and petitions divorce in Hong Kong, Hong Kong law should be used as the basis.

However - Mainland does not recognize judgment from Hong Kong due to 1 country 2 system, as well as difference in legal system.

So it is possible that the property will be divided based on Mainland law.
2014-06-16 8:05 pm
My opinion is in contrary to Gary

1. HK Judgment/Abitration Award (commerical aspect) can be enforced in PRC and vice versa

2. In determining a fair distribution of family assets, all assets (whether held in personal or in joint name) will be taken into consideration no matter their locations

2014-06-16 12:13:19 補充:
My point is even if HK court has no jurisdiction in making an direct order for sale of the property, the value of the same must also be taken into account in reaching a fair decision of resolving fancial issues.

2014-06-16 12:13:33 補充:
In practice, when the parties wish to incorporate settlement terms (where the court has no jurisdiction to make) in a Court Order, the said terms will be incorporated and run as "undertaking" of the party (parties)....

2014-06-16 12:13:41 補充:
eg. upon Party A's undertaking to the court that he shall sell the property w/n ......(sth like that)....Of course, the other settlement terms will be operated and complied subsequent to the fullfilment of "undertaking".....

2014-06-16 12:20:04 補充:
回你問題....如果於香港入稟離婚,法院自當跟據香港法律作出財產分配(包括分布於世界各地的資產)。

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