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penguinsix Dec 27th 2007 2:14 pm

Re: USA Divorce Laws
 

Originally Posted by chukka (Post 5708250)
thx ray.house is worth in excess of $600,000 ,will they rule fairly as im in UK and shes US citizen?,thx again,any info is helpful

Well, it is Boston, so you can expect a few that are not fond of the English ;)

However, you should definitely pursue this. It's not about you getting a few quid for the work you did, but getting an equitable share of the assets. The increase in value of the house (i.e. what it was worth when you were married / day you got it) vs. what it is worth today (as evidence by a new mortgage). You have a claim to at least 1/2 of that profit.

Here is more on property distribution:
http://www.attorneyomalley.com/CM/FS...cus=topic&id=1

The judge might very well rule against her in a big way due to the fraud. This is not about a few bob but quite a bit of money. I'd seriously consider talking to a divorce attorney.

You will have to fly over to go into the court, so you might plan on a trip back.

Quite frankly, with the threat of going to court over her head, and the threat of legal sanctions from the court for fraud (i.e. losing a hell of a lot more than just her half) I wouldn't be surprised if her lawyer and your lawyer set up a settlement meeting to try and keep this out of the courts.

You have ***nothing*** to lose here.

p.s. Woohoo--my 1000th post

bxpuser7543 Dec 27th 2007 2:17 pm

Re: USA Divorce Laws
 

Originally Posted by penguinsix (Post 5708929)
Well, it is Boston, so you can expect a few that are not fond of the English ;)

However, you should definitely pursue this. It's not about you getting a few quid for the work you did, but getting an equitable share of the assets. The increase in value of the house (i.e. what it was worth when you were married / day you got it) vs. what it is worth today (as evidence by a new mortgage). You have a claim to at least 1/2 of that profit.

Here is more on property distribution:
http://www.attorneyomalley.com/CM/FS...cus=topic&id=1

The judge might very well rule against her in a big way due to the fraud. This is not about a few bob but quite a bit of money. I'd seriously consider talking to a divorce attorney.


You will have to fly over to go into the court, so you might plan on a trip back.

Quite frankly, with the threat of going to court over her head, and the threat of legal sanctions from the court for fraud (i.e. losing a hell of a lot more than just her half) I wouldn't be surprised if her lawyer and your lawyer set up a settlement meeting to try and keep this out of the courts.

You have ***nothing*** to lose here.

p.s. Woohoo--my 1000th post

thx for that and well done on your 1000th posting

cindyabs Dec 27th 2007 11:23 pm

Re: USA Divorce Laws
 
If both parties names are on the deed, someone has to get a quit claim deed. At least we did here in GA, had two houses, and two pieces of property.

Tracym Dec 27th 2007 11:26 pm

Re: USA Divorce Laws
 

Originally Posted by cindyabs (Post 5710451)
If both parties names are on the deed, someone has to get a quit claim deed. At least we did here in GA, had two houses, and two pieces of property.

I wonder, if it's court ordered that it's all hers, if that occurs somehow.

She may have managed somehow - if she's managed to get a mortgage on it without him.

And I thought in most states, who holds the title to something is practically irrelevant.

cindyabs Dec 27th 2007 11:38 pm

Re: USA Divorce Laws
 

Originally Posted by Tracym (Post 5710456)
I wonder, if it's court ordered that it's all hers, if that occurs somehow.

She may have managed somehow - if she's managed to get a mortgage on it without him.

And I thought in most states, who holds the title to something is practically irrelevant.

Well in order for the ex to refinance the house in VA (the one he took) I had to sign a quit claim deed and the same for me with the house in GA (the one I live in), had to get him to sign off on it.

Tracym Dec 27th 2007 11:39 pm

Re: USA Divorce Laws
 

Originally Posted by cindyabs (Post 5710478)
Well in order for the ex to refinance the house in VA (the one he took) I had to sign a quit claim deed and the same for me with the house in GA (the one I live in), had to get him to sign off on it.

I understand. But she obtained a mortgage in his absence he said...

If she claims he's out of the country, whereabouts unknown.... don't you think somehow the quit claim could have happened by court order or something?

cindyabs Dec 28th 2007 12:02 am

Re: USA Divorce Laws
 

Originally Posted by Tracym (Post 5710480)
I understand. But she obtained a mortgage in his absence he said...

If she claims he's out of the country, whereabouts unknown.... don't you think somehow the quit claim could have happened by court order or something?

Yes, but surely a signature is needed, even if court ordered................

Forgery???!!!

Tracym Dec 28th 2007 10:55 am

Re: USA Divorce Laws
 

Originally Posted by cindyabs (Post 5710524)
Yes, but surely a signature is needed, even if court ordered................

Forgery???!!!

I would think the court would have SOME mechanism for removing someone from a deed - if they had vanished and couldn't be located. Which is apparently what she claimed.

I mean.... if you're dead you can't sigh the thing, there must be some mechanism. So vanished .....?

I could certainly be wrong, but I suspect you're SUPPOSED to sign it. But if your die, refuse, vanish... there's probably some way the court "does it for you".

cindyabs Dec 28th 2007 12:21 pm

Re: USA Divorce Laws
 

Originally Posted by Tracym (Post 5711984)
I would think the court would have SOME mechanism for removing someone from a deed - if they had vanished and couldn't be located. Which is apparently what she claimed.

I mean.... if you're dead you can't sigh the thing, there must be some mechanism. So vanished .....?

I could certainly be wrong, but I suspect you're SUPPOSED to sign it. But if your die, refuse, vanish... there's probably some way the court "does it for you".

Things that make you go Hmmmm, eh?

bxpuser7543 Dec 28th 2007 3:16 pm

Re: USA Divorce Laws
 

Originally Posted by Tracym (Post 5711984)
I would think the court would have SOME mechanism for removing someone from a deed - if they had vanished and couldn't be located. Which is apparently what she claimed.

I mean.... if you're dead you can't sigh the thing, there must be some mechanism. So vanished .....?

I could certainly be wrong, but I suspect you're SUPPOSED to sign it. But if your die, refuse, vanish... there's probably some way the court "does it for you".

se told the court she didnt know where i was,but i had emailed her just 1 week before the court case nand also ive had the same mobile fone number for years and she knows my parents address,so i call that fraud.

bxpuser7543 Dec 28th 2007 3:16 pm

Re: USA Divorce Laws
 

Originally Posted by chukka (Post 5712560)
se told the court she didnt know where i was,but i had emailed her just 1 week before the court case nand also ive had the same mobile fone number for years and she knows my parents address,so i call that fraud.

sod the typos

Tracym Dec 28th 2007 4:05 pm

Re: USA Divorce Laws
 

Originally Posted by chukka (Post 5712560)
se told the court she didnt know where i was,but i had emailed her just 1 week before the court case nand also ive had the same mobile fone number for years and she knows my parents address,so i call that fraud.

Oh I understood you hadn't really vanished, just that she said so.

We were just trying to figure out what the court would do in such a case (since apparently they believed her).

Bob Jan 4th 2008 4:20 pm

Re: USA Divorce Laws
 
If your still looking for a lawyer, the bird at work is back from holiday and said she'd give me a list she has on file for good ones on Monday. Costs vary between them though, so she said to ring and explain the situation to each for a quote :)

Bob Jan 4th 2008 9:27 pm

Re: USA Divorce Laws
 

Originally Posted by Bob (Post 5739437)
If your still looking for a lawyer, the bird at work is back from holiday and said she'd give me a list she has on file for good ones on Monday. Costs vary between them though, so she said to ring and explain the situation to each for a quote :)

She had a few recommendations on file at the office, so I pm'ed them :)

chicagojlo Jan 6th 2008 4:12 am

Re: USA Divorce Laws
 
Maybe it's me, but that doesn't seem like much proof that she didn't know where you are - an email, and a couple of phone numbers being in existence. I'm guessing you'd have to prove she contacted you during the time she said she couldn't find you. But you definitely need a legal opinion on that!


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