divorce when apartment in spouse's name

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divorce when apartment in spouse's name

Postby wanderingbychoice » Mon Dec 02, 2013 14:05

In the common situation where a foreign spouse is not on the deed or mortgage to the apartment, but only the Taiwanese spouse, what happens to the payments made on the apartment by both spouses over the years if they divorce? Is the equity split 50/50 or is everything considered the property of the spouse on the deed?

Thank you in advance.
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Re: divorce when apartment in spouse's name

Postby ChinaCat » Mon Dec 02, 2013 15:26

You should check with a Tiwanese attorney to confirm that the info below is correct:

Global Property Guide - Taiwan wrote:Taiwanese matrimonial property regimes apply to couples whose marriages are recognized as valid in Taiwan.

Under Taiwan’s laws, a married couple can sign a contract agreeing to either a Community Property Regime or a Separate Property Regime. In the absence of such an agreement, the couple’s property will be subject to the Statutory Regime.

Under the Community Property Regime, “separate property” is limited to: gifts designated by the donor as separate property, property essential to the husband or wife’s occupation, and property earmarked for exclusive personal use of the husband or wife.

With the exception of “separate property”, all of the couple’s property and income is “common property” and owned by the couple in common. The husband or wife must have the consent of the other to dispose of common property.

Under the Separate Property Regime, husband and wife each retain and manage their own property as “separate property”. Each has the right to exclusively manage, use, depose of and receive profits from his or her own property.

Under the Statutory Property Regime, property separately owned by the husband or wife prior to marriage is “premarital property”, and will remain under the sole ownership and control of the respective husband or wife. Proceeds from such premarital property (such as interest or rent income) accumulated during the marriage, and all property acquired in the marriage, are “marital property”, and are owned by the couple jointly.

Marital property in relation to inheritance is subject to the rules on “Reserved Portions”
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Re: divorce when apartment in spouse's name

Postby wanderingbychoice » Mon Dec 02, 2013 22:39

Thank you so much for your kind answer!

I am also curious whether anyone knows if the "at fault" party is penalized by receiving fewer assets than the innocent spouse or if the split is 50/50 regardless of who is at fault. I have been trying to read over parts of the Civil Code and make sense of it, but it is quite confusing and as you say I should consult with someone.
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Re: divorce when apartment in spouse's name

Postby feiren » Tue Dec 03, 2013 15:18

I don't think so. But check with a lawyer.
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Re: divorce when apartment in spouse's name

Postby wanderingbychoice » Tue Dec 03, 2013 22:16

Thank you to all and best wishes.
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