we are in the process of divorce. we are just seperated for now. I am not a us citizen just a permanent residence. when I was overseas for few months to take care of family problem, later I found that she is seeing somebody.
2007-03-14 15:48:10 · 8 answers · asked by nehatradingconcern 1 in Family & Relationships ➔ Marriage & Divorce
My properties overseas is inherintance and her name is not on it.
2007-03-14 18:57:55 · update #1
First of all your status as a citizen/non-citizen makes no difference in the divorce. If you are getting a US divorce, US laws will apply the same to you as they would to anyone else. That means that she will be entitled to a share of whatever you have wherever it is - if she would have been entitled to a share under the divorce laws in your state. So, for example, if you are in a community property state - she will be entitled to a share of all property acquired after marriage no matter where that property is. The question that arises is enforcement of the decree. She may have to spend considerable time/money tracking down your oversees property - but a good lawyer can and will do it. She will probably ask for a larger percentage of your available US assets instead of trying to go after assets that are abroad and subject to the laws of other countries.
You will need a lawyer on this one so I would recommend starting to find one you like.
Good luck.
2007-03-14 17:03:02 · answer #1 · answered by CV 3 · 0⤊ 0⤋
well guess what? if you claim in the court that you have properties overseas, or if she knows that u do and she can prove it or have the investigation started and it does show that u do have properties elsewhere in the world, she will be entitled to have it provided you acquired those properties AFTER you got married and not before. if your property is not in your name yet then she will get nothing out of it. i suggest if she does know that you own properties back in which ever country you are from to either sign them over to ur parents or ur siblings with the common notion that they will give it back to you. and you can have it back once u r dine with this crap. but see an accredited attorney, cos although i know law there is also the need of talking to you face to face. it needs to be interactive. so seek personal professional help.
best of luck. sorry for your loss. but you should have taken her with you. shouldn't trust someone so fast.
BTW you being a citizen or a resident is immaterial in your case cos you have to follow the law of the land and for you its the same law that is for a citizen. its just the question of LEGALITY to STAY IN USA. ok?
2007-03-14 16:00:47 · answer #2 · answered by naturalized 2 · 0⤊ 0⤋
I would say yes she can. If you are a permanent resident in the U.S. and you own property and are married and get divorced there is no reason she wouldn't get 50% because you made the purchase while you were still maried and not in the midsts of getting divorce or seperated.
2007-03-14 16:02:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
US residents still have to pay taxes the same way. If you acquire properties after being a resident, such properties first of all must be reported and capital gains taxed. You spouse can claim half and force you to sell them. Unless you can prove that you own those properties or given to you by family,
2007-03-14 16:17:17 · answer #4 · answered by Sir Richard 5 · 0⤊ 0⤋
hi Sir, it has no bearing on your faith or the place you acquire married. It relies upon on the place you reside now and the place the divorce would be dealt with. British regulation and American regulation selection extremely alot on divorce so which you will possibly be able to get differing solutions to this question. frequently interior the united kingdom it could be chop up 50-50 or if one companion desires to stay interior the abode she or he desires to purchase out the share of the different person. desire this helps yet i might touch A SOLICITOR first and that they are able to frequently recommend you extra clever. it is rather useful to ask this comparable question lower back and placed it interior the catagory which concerns regulation on Yahoo solutions. stable success my buddy and sorry your marriage needless to say hasn't worked out, i'm hoping no babies have been in contact because it is often those harmless little people who it hurts the main. Take care.
2016-10-18 10:10:00 · answer #5 · answered by ? 4 · 0⤊ 0⤋
i dont know for sure, but i would think that she could take your things because you are not a citizen????? might give her an advantage you know? but hey maybe not? good luck.
i hope you dint sign her name on any of your property papers
2007-03-14 15:55:49 · answer #6 · answered by Jdez 4 · 0⤊ 0⤋
If she can find them, she can ask for them. If you have property but it is in someone elses name - she will have no rights to it.
2007-03-14 15:53:04 · answer #7 · answered by Diana 1 · 1⤊ 0⤋
To many variables, contact an atty.
2007-03-14 15:51:49 · answer #8 · answered by walker9842 4 · 0⤊ 0⤋