Cross-Border Divorce and Overseas Property Division Case Involving a Xiamen-Domiciled Chinese Couple

Client Ms. Lin (Xiamen household registration) and her husband, Mr. Chen (now a U.S. citizen), have been married for 15 years and have two sons. The couple purchased a property in Xiamen (valued at approximately 380 yuan) and a residence in California, USA (valued at approximately 65 USD). Due to relationship breakdown, Ms. Lin filed for divorce in the Intermediate People's Court of Xiamen City. Mr. Chen argues that the California property should be divided under U.S. law and requests sole custody of both children to raise them in the United States. The case involves complex issues including the application of marriage laws from China and the U.S., conflicts of law regarding real estate, and cross-border child custody determination.

1. The U.S. and China apply different standards for marital property: China follows the community property regime for spouses, while California uses its own community property system; 2. Recognition and enforcement of foreign real estate in Chinese court judgments; 3. Application of the best interests of the child standard in cross-border custody disputes; 4. Objections by U.S. parties to the jurisdiction of Chinese courts.

1. First, establish the jurisdiction of Chinese courts over this case and apply the Law on the Application of Laws to Foreign-Related Civil Relations to demonstrate that the marriage is governed by the law of the common habitual residence. 2. Engage a U.S. partner firm to prepare a California property appraisal report and legal opinion as evidence submitted to the Chinese court. 3. Regarding child custody, collect evidence of both parties' living foundations in Xiamen to show that raising the child in China better serves their best interests. 4. Pursue a dual strategy of mediation and litigation to facilitate a settlement agreement between the parties on property division.

After review by the Intermediate People's Court of Xiamen City, a divorce was granted. The property in Xiamen is awarded to Ms. Lin, who shall pay Mr. Chen compensation of 120 ten thousand yuan. The property in the United States remains with Mr. Chen, who shall pay Ms. Lin a settlement amount of 30 US dollars. Both children are to be directly raised by Ms. Lin; Mr. Chen shall pay child support of 1.5 ten thousand yuan per month until the children reach the age of 18, and shall have visitation rights during winter and summer vacations. This case took 14 months and successfully safeguarded the legal rights and interests of the wife.