It can be fairly complicated… or rather simple.
OK, I spoke with one of our attorneys… but not at length. But here’s something:
Taiwan uses a system where mariied couples can select one of three marital property regimes or not select any of the three regimes. If a particular property regime is selected, the couple registers their selection with the court and in the event of a divorce, the property is divided among them or in the event of a death of one of the spouses, divided and then made subject to succession.
If none of the three above-indicated marital property regimes is selected, and the HUSBAND is a foreign national (there is no provision in the Taiwan law for a foreign WIFE), then the property will be divided between HUSBAND and WIFE in the case of a divorce, or between HUSBAND and WIFE for the purpose of succession, in the case of WIFE’s death, according to the HUSBAND’s nation’s law.
One of the difficulties in discussing marital poperty and succession with Taiwan attorneys, at least for me (I’m an US attorney), is that some of the English terms used by the Taiwanese lawyers do not have the meaning that they have in the US. For instance, my colleague kept telling me that ownership of a home owned “jointly” by a HUSBAND and WIFE would be divided in half at the death of the WIFE and that HUSBAND would retain ownership of 50% of the home and the WIFE’s 50% ownership would pass (succeed) to her heirs. That is NOT “joint” ownership as defined per US law. That’s some sort of partnership instead.
OK… as I write this more questions keep popping into my head… so I’ll stop here and resume inquiries on Monday, time permitting.