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I see a lot of international divorces in Oakland County, Michigan, due to the global nature of the automotive industry.  This can lead to a variety of relatively novel questions for family lase cases.  One question that I am frequently asked is how land in another country will be handled if a divorce case proceeds here in Michigan.  This blog is written to generally address this issue, if you have specific questions regarding your own situation, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.

What Happens To Real Estate In Another Country If A Divorce Is Filed In Michigan?

The answer is it depends on what country.  If the country has "reciprocity" with the United States, then the property will be divided as part of the divorce in Michigan.  Most of the time the parties to the divorce (the divorced couple) will simply follow the judgment and take whatever actions are required with regards to the real estate once the case is done and the Judge has issued a Judgment of Divorce.  However, if one of the parties is not taking the actions required by the Divorce Judgment (issued by the court at the end of the case), then there is a process by which the Judgment can be "domesticated" in the country wherein the land lies.  Once that is done, then the local court in that country will enforce the Judgment the same way as the Court in Michigan would if the land was here.  You could then probably seek sanctions against the non-compliant party in the Michigan Divorce Court in the forms of fines and attorney fees.

Most countries that are members of "The Hauge" or signatories to the Hague Convention have reciprocity with the United States.  If a country is not a member of "The Hague", that is where problems arise.  In that case, neither country will recognize the Judgments and Court Orders of the other country.  This means that if you own land in a country that is not a signatory to the Hague Convention, but you reside in Michigan, then you will most likely have to file a case in Michigan to handle some aspects of the case and in the other country to handle division of the land in that country.

This blog was written to generally address how the courts here will handle division of land or real estate in another country when a divorce is filed in Michigan.  If you have specific concerns regarding these issues, please contact us to schedule a consultation by calling (248) 608-4123 or clicking on this link.