Go Back  British Expats > Living & Moving Abroad > USA
Reload this Page >

USA Divorce Laws

USA Divorce Laws

Old Dec 27th 2007, 2:14 pm
  #16  
MODERATOR
 
penguinsix's Avatar
 
Joined: Nov 2006
Location: Hong Kong, mostly.
Posts: 5,067
penguinsix has a reputation beyond reputepenguinsix has a reputation beyond reputepenguinsix has a reputation beyond reputepenguinsix has a reputation beyond reputepenguinsix has a reputation beyond reputepenguinsix has a reputation beyond reputepenguinsix has a reputation beyond reputepenguinsix has a reputation beyond reputepenguinsix has a reputation beyond reputepenguinsix has a reputation beyond reputepenguinsix has a reputation beyond repute
Default Re: USA Divorce Laws

Originally Posted by chukka View Post
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
penguinsix is offline  
Old Dec 27th 2007, 2:17 pm
  #17  
BE Forum Addict
Thread Starter
 
chukka's Avatar
 
Joined: Mar 2005
Location: UK
Posts: 2,532
chukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to behold
Default Re: USA Divorce Laws

Originally Posted by penguinsix View Post
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
chukka is offline  
Old Dec 27th 2007, 11:23 pm
  #18  
Sursum corda
 
cindyabs's Avatar
 
Joined: Sep 2002
Location: Richmond Hill, GA USA
Posts: 38,846
cindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond repute
Default 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.
cindyabs is offline  
Old Dec 27th 2007, 11:26 pm
  #19  
Lost in BE Cyberspace
 
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Tracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond repute
Default Re: USA Divorce Laws

Originally Posted by cindyabs View Post
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.
Tracym is offline  
Old Dec 27th 2007, 11:38 pm
  #20  
Sursum corda
 
cindyabs's Avatar
 
Joined: Sep 2002
Location: Richmond Hill, GA USA
Posts: 38,846
cindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond repute
Default Re: USA Divorce Laws

Originally Posted by Tracym View Post
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.
cindyabs is offline  
Old Dec 27th 2007, 11:39 pm
  #21  
Lost in BE Cyberspace
 
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Tracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond repute
Default Re: USA Divorce Laws

Originally Posted by cindyabs View Post
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?
Tracym is offline  
Old Dec 28th 2007, 12:02 am
  #22  
Sursum corda
 
cindyabs's Avatar
 
Joined: Sep 2002
Location: Richmond Hill, GA USA
Posts: 38,846
cindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond repute
Default Re: USA Divorce Laws

Originally Posted by Tracym View Post
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???!!!
cindyabs is offline  
Old Dec 28th 2007, 10:55 am
  #23  
Lost in BE Cyberspace
 
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Tracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond repute
Default Re: USA Divorce Laws

Originally Posted by cindyabs View Post
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".
Tracym is offline  
Old Dec 28th 2007, 12:21 pm
  #24  
Sursum corda
 
cindyabs's Avatar
 
Joined: Sep 2002
Location: Richmond Hill, GA USA
Posts: 38,846
cindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond reputecindyabs has a reputation beyond repute
Default Re: USA Divorce Laws

Originally Posted by Tracym View Post
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?
cindyabs is offline  
Old Dec 28th 2007, 3:16 pm
  #25  
BE Forum Addict
Thread Starter
 
chukka's Avatar
 
Joined: Mar 2005
Location: UK
Posts: 2,532
chukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to behold
Default Re: USA Divorce Laws

Originally Posted by Tracym View Post
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.
chukka is offline  
Old Dec 28th 2007, 3:16 pm
  #26  
BE Forum Addict
Thread Starter
 
chukka's Avatar
 
Joined: Mar 2005
Location: UK
Posts: 2,532
chukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to beholdchukka is a splendid one to behold
Default Re: USA Divorce Laws

Originally Posted by chukka View Post
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
chukka is offline  
Old Dec 28th 2007, 4:05 pm
  #27  
Lost in BE Cyberspace
 
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Tracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond repute
Default Re: USA Divorce Laws

Originally Posted by chukka View Post
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).
Tracym is offline  
Old Jan 4th 2008, 4:20 pm
  #28  
Bob
SUPER MODERATOR
 
Bob's Avatar
 
Joined: Aug 2004
Location: MA, USA
Posts: 91,528
Bob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond repute
Default 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 is offline  
Old Jan 4th 2008, 9:27 pm
  #29  
Bob
SUPER MODERATOR
 
Bob's Avatar
 
Joined: Aug 2004
Location: MA, USA
Posts: 91,528
Bob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond repute
Default Re: USA Divorce Laws

Originally Posted by Bob View Post
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
Bob is offline  
Old Jan 6th 2008, 4:12 am
  #30  
BE Forum Addict
 
chicagojlo's Avatar
 
Joined: Jan 2008
Location: Lake County IL
Posts: 1,953
chicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond repute
Default 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!
chicagojlo is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us Archive Advertising Cookie Policy Privacy Statement Terms of Service

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.