Summary
Italian courts have jurisdiction on a claim brought by an Italian claimant residing and domiciled in Italy against his former spouse, also an Italian citizen residing and domiciled in Italy, for the payment of half of the amount received for the sale, concluded after the marriage was ended, of an immovable located in Malta and formerly owned in joint property by the spouses. In fact, such claim falls in the scope of the matrimonial property regime between the two former spouses, such matter being excluded, at Article 1(2)(a) of the Regulation (EC) No 44/2001, from the scope of Regulation itself. On the other hand, if the claim was meant to assert a right on the immovable, the court of the Member State where the immovable is situated would have exclusive jurisdiction under Article 22(1) of said Regulation.