If a Chinese woman divorces an American man, how should the property be divided?

It is still necessary to divide the property according to the laws of our country, and if the house is bought by the woman, the house belongs to the woman.

Domestic courts only recognize the handling of marital relations by foreign courts, but do not recognize the handling of substantive matters such as property, custody and debts by foreign courts, so the parties can file lawsuits in China on issues such as property division and custody.

First look at the wishes of the two people, and then discuss it together, and then choose to divide it according to some of the circumstances at the beginning.

Marrying a foreign guy, the method of dividing the property in the divorce is: the joint property of the husband and wife shall be distributed by the parties themselves, and if the negotiation fails, the court shall make a judgment based on the principle of taking care of the rights and interests of the children, the woman and the innocent party. The personal property of the husband and wife shall not be divided.

If one party is at fault, the other party can claim compensation.

[Legal basis].

Article 1087 of the Civil Code provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If an agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party on the basis of the specific circumstances of the property. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. Article 1091:Where any of the following circumstances leads to divorce, the party who is not at fault has the right to claim damages:

a) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.

Legal Analysis: Distribution of Property after Divorce with Foreigners: If the immovable property and property involved in the divorce are within the territory of China and are under the jurisdiction of China, then the principle of equal distribution of the joint property of both parties will be based on the divorce; However, if the immovable property involved is in another country or region, then in the case of divorce, only the immovable property in the court of the place where the divorce is located, and for the immovable property that is not in the court of the place of divorce, the parties can only go to the place where the immovable property is located.

In accordance with the laws of our country, the parties may file a lawsuit with the court where the immovable property is located to apply for the division of the immovable property jointly owned by the original husband and wife.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement between the two parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by the husband or wife in the contracted operation of the family land shall be protected in accordance with law.