In a marriage of less than 2 years, house bought 10 years before marriage and a prenuptial, would a wife receive anything in a divorce? Married a Chinese woman in China and prenuptial was signed in front of the American Consul in China. Moved to USA. She took thousands from bank account in the USA.
2006-10-26 07:24:10 · 6 answers · asked by DALIAN 1 in Politics & Government ➔ Law & Ethics
Probably depends on where you live. Also depends on what your prenup says (and generally if it is valid - may be invalid either on its terms, or may not be (fully) recognized in some states).
Typically in a community property state, the house you have described would be considered separate property, and she would have no means (other than your consent) to get to it. (although there are certain "equitable contribution" concepts that may allow her to recover $$$ for her contributions to principal during the marriage).
2006-10-26 07:30:55 · answer #1 · answered by Chris 2 · 0⤊ 0⤋
It depends on what the prenuptial agreement says and if she understood what she was signing at the time she signed it. (i.e. does she understand English and can she read it or was it explained to her in her native tongue by an uninterested party).
More than likely, even without a prenup. a Judge would reward you the home under the current circumstances. UNLESS there are minor children involved.
I recommend you get an attorney to protect your assets she is stealing.
Good Luck and Take Care
2006-10-26 07:33:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Very often, pre-nups are very easy to wiggle out from. To be honest they are not really worth the paper they are written on, especially if you now live in a state that will not recognize it as a valid document.
In most cases, it seems as though this house would not be considered marital property and should not be included in the division of assets. And if she truly took thousands of dollars out of a joint account, you can either stipulate in the divorce that that amount will be deducted from her settlement once everything is final (after strict proof is provided) or, in the case that she has "disappeared" you can attach a judgment to her personally.
On the other hand, even if the house was purchased prior to your marriage, if you added her to your deed (or title as some may call it) she is going to have more ligitimate ground to state that it was a marital residence as she is now part owner.
Good luck to you. I would say that you really should seek out a aggresive family law attorney in your area.
2006-10-26 07:50:08 · answer #3 · answered by Angel 3 · 0⤊ 0⤋
Prenups are enforceable, but with a foreign bride and a smart lawyer, she might be able to break it.
You need a VERY good lawyer.
2006-10-26 07:31:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Huh.
Maybe you should stay away from the mail order brides huh.
2006-10-26 07:31:24 · answer #5 · answered by Barrett G 6 · 0⤊ 0⤋
Hell, I hope not. Women need to stop stealing men's estates from under them. Get your own stuff!
2006-10-26 07:32:20 · answer #6 · answered by nido_tr3s 5 · 1⤊ 0⤋