Are divorce disputes involving real estate exclusively under the jurisdiction of the court where 1

• Time：2021-06-18
• counter：1147

If the divorce case involves the confirmation or division of real property, the rule of exclusive jurisdiction for real estate shall not apply as the handling of such matters cannot be separated from the divorce completely. The court is bound to take into account the reasons for the dissolution of the following: marriage relationship, child support, and other factors in the divorce case. The court will also consider the need to ensure the unity of application of laws and the consistency of judgment results in divorce cases.
Some people hold the opinion that due to the provisions of the first paragraph of Article 33 of the Civil Procedure Law and the first paragraph of Article 28 of the Interpretation of the Civil Procedure Law family cases involving only the confirmation or division of real estate shall be subject to the exclusive jurisdiction of real estate.  
Others believe that the key to determining whether the rule of exclusive jurisdiction of real estate applies to cases involving real estate lies in the judgment of the nature of the fundamental legal relationship. Take property disputes after divorce as an example: although most of them include real estate, the significant legal relationship still originates from the marital relationship. The relevant provisions of the Marriage Law, rather than Property Law, should apply.