Hello,
I am a Taiwan-born American. I recently married my Taiwanese wife in United States 2 years ago. She does not have US green card or citizenship. We are not registered in Taiwan. How does Taiwan view our marital status? In case of divorce would it be possible to go after her Taiwan assets? I’m afraid US courts would just go after my assets in America.
Thanks.
Lawyers are there for that kind of things.
I have no knowledge of Taiwan family law, and only slightly more about US law. In the US all assets, wherever held, are on the table. But if she had those assets prior to your marriage (separate or individual assets), they’re likely back off the table. For example, if she owned a house in Taiwan before you were married and had $100,000 of equity in it, that would be hers. However, you could claim half of the increased equity (if she had $140,000 in equity, for example, $40,000 would be marital assets).
Of course, I have no idea if a Taiwan court would help execute a US order regarding that property, and proving the value of the house to a US court is difficult.
On a different note, it will probably be best for everyone if you part amicably. If you can divorce without lawyers and come to an agreement that you both are happy with, you will save a lot of time, money, and stress. You can do this yourselves, or you can hire mediators. Either way, once the lawyers get involved it often becomes a zero-sum game that rarely works out for the husband and makes everything worse. This is even more true if you have kids, as a contentious divorce makes it harder for the parents to work together in the best interests of the children.
Good luck in this difficult time.
Doesn’t a man get more consideration in Taiwan? Even for the kids?
As I said, I know nothing about Taiwan family law.
But even if a husband gets more consideration, I suspect foreign husbands may be an exception. Regardless, I also suspect that an amicable agreement without lawyers would be better for all involved, unless the goal is retribution or antagonism for one of the parties.
I agree, though OP mentioned US courts.
Yes, hence my comment.
The thing is , I do have Taiwanese citizenship, I just live in America. I’m wondering how that will affect the courts decision. My wife’s family comes from a pretty wealthy family and she definitely has assets under her name. I would say in retribution for wasting my time and money, I’d like to recoup some compensation. Basically she has more to lose than me…
You need a lawyer for that. In Taiwan, assets from her family are hers, I think. If she is the party at fault, your lawyer may help you to get some compensation.
Did she cheat on you? If not…
I know she has assets under her name for sure and not under her family’s. Cheating is a possibility or in the foreseeable future now that she is back in Taiwan and I am in the states. Basically for wasting years of my life, I want to get compensated.
yes, I know that. If the assets under her name are originally from her family, they are hers.
Even if they were transferred to her after the marriage?
if it is a gift or inheritance from her family to her, or from anyone, I think it is hers under Taiwan’s law.
Though, I’m not a lawyer.
Civil Code
Article 1030-1
Upon dissolution of the statutory marital property regime, the remainder of the property acquired by the husband or wife in marriage, after deducting the debts incurred during the continuance of the marriage relationship, if any, shall be equally distributed to the husband and the wife, except property listed as follows:
(1) Property acquired from succession or as a gift
(2) Solatium
The court shall adjust or waive the share of distribution provided that equal distribution referred to in the preceding paragraph is obviously unfair.
The right to claim for distribution or the reminder [of the property] referred to in the first paragraph shall be extinguished if it is not exercised within two years from the time where the claimant has known that there is such a remainder, or if five years have elapsed from the dissolution of the statutory marital property regime.
Interesting. I’d be interested to see what precedent is for what is “obviously unfair”.
Do you think it is possible for me to get the marriage registered in Taiwan with my US marriage certificate without her being there?
That doesn’t make you sound like a nice guy
You would have been luckier in that respect if you were married in Taiwan as it is very hard to get divorced if both don’t agree so you could then demand a large sum
Of course it’s all relative
In that rich families often know someone who knows someone so your health and well being could be in doubt taking that course of action
Best part amicably and don’t do it with the intent for monetary gain
Women cost money pay it and move on
I think it is possible if you can get her signature on required documents.
You want to register your marriage in Taiwan without your wife knowing it, so you can divorce her and get a hold of her assets to “get compensated for your wasted time”? 
Man, I’m with @tommy525 in this one…
Couldn’t she claim the same against you? If you could get some compensation for that, maybe she could get the same compensation too. So, net could be zero for that part. I’m afraid you might end up just losing the cost and time for the litigation without getting anything, especially if she is wealthy and could get a good lawyer.
A marriage in a foreign country is generally effective in Taiwan even if it is not registered in Taiwan, but it might be a possibility that your marriage is regarded as already broken.