Choose the Court to deal with the case where the residence is different from the location of the pro

Choose the Court to deal with the case where the residence is different from the location of the property
Posted date: 21/08/2021

I and my ex-wife divorced according to the Court's Decision on recognition of consensual divorce in 2017. Now, I am filing a lawsuit asking for the division of common property after the divorce, but my wife's residence is different from the place where the real estate is located. Which Court should I file a lawsuit?

FDVN's Opinions:

Clause 1, Article 28 of Civil Procedure Code 2015 provides as follows:

“Article 28. Marriage and family-related disputes falling under the courts' jurisdiction

1. Divorces, disputes over child-rearing or property division upon divorces; post-divorce division.”

According to the above provisions, disputes over property division after divorce are considered marriage and family disputes.

Point a Clause 1, Article 35 of Civil Procedure Code 2015 provides for the jurisdiction of district-level People's Courts as follows:

“1. People's Courts of districts shall have the jurisdiction to settle according to first-instance procedures the following disputes:

a) Disputes over civil matters, marriage and family, prescribed in Articles 26 and 28 of this Code;”

Point a Clause 1, Article 39 of Civil Procedure Code 2015 provides for the jurisdiction of courts by territory as follows:

1. Territorial jurisdiction of Courts to settle civil lawsuits shall be determined as follows:

a) The Courts of the localities where the defendants reside or work, applicable to defendants being individuals, or where the defendants are headquartered, applicable to defendants being agencies or organizations, shall have the jurisdiction to settle according to first-instance procedures for civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

In your case, the marriage relationship has ended because the husband and wife have divorced. However, the dispute over property division after the divorce is still considered a marriage and family dispute according to the provisions of Article 28 of the Code of Procedure 2015. Based on the above provisions, the Court where the defendant resides and works has the jurisdiction to settle the case. Therefore, to ensure proper settlement, you should file a lawsuit with the district-level People's Court where the defendant resides and works.

Nguyễn Công Tín – FDVN Law Firm


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