Q: My ex-husband and I are Taiwanese citizens with a property in the United States. He is refusing to sign over the house.
My ex-husband and I are Taiwanese citizens with a property in the United States. He is refusing to sign over the house.
The Taiwanese court has already granted me the property in the US, and said that he needs to sign the property over in the US embassy in Taiwan, in person. He is refusing to sign.
What should I do?
A:
If a Taiwanese court has granted you ownership of a property in the United States and your ex-husband is refusing to comply with the order, there are several steps you can take.
First, you should consult with an attorney experienced in international family law and property disputes. They can guide you on how to enforce a foreign court order in the United States. Often, this involves domesticating the foreign court order in a U.S. court, which means getting a U.S. court to recognize and enforce the Taiwanese court's decision.
Additionally, if your ex-husband is residing in Taiwan and refusing to sign over the property, your attorney can advise you on the possibility of initiating legal proceedings in Taiwan. This could involve seeking enforcement of the Taiwanese court order through the local legal system, which might have mechanisms for compelling compliance.
It's also important to communicate with the U.S. Embassy in Taiwan and understand the process they require for transferring property as per a foreign court order. They might have specific protocols or assistance available in situations like these.
Remember, dealing with international legal matters can be complex, and the laws may vary significantly between jurisdictions. Legal assistance is crucial in navigating these challenges effectively and ensuring your rights are protected.
1 user found this answer helpful
A: Taiwan Court has no subject matter jurisdiction over real property in USA.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
