My brother is getting divorce but need some info

[mare333 0]

My brother (US citizen) got married 17 months ago in romania.

She came to US last year and after 8-9 months they started to argue very often and now they want to divorce.I think she used cr1 or k3 visa.

The problem is - she wants from him some money to divorce and then leave for romania.

After they got married in Romania my brother returned to US and bought new house (using cash-no mortage) and new car for her.

Both are under his name. (deed for house and car).

He wants to sell it both now because he wants to move to diferent state where he got a better job and where our parents live.

But she is saying that he can not do it without her aproval because they are married.And i think unfortunatelly she is right.

He is going to visit divorce layer but i would like to know what his options are because that girl didnt even work or found a job after arriving in US and now wants money to divorce from him! And he is US citizen and she is not!

thanx

[Darnell 8,478]

her 'citizenship status' doesn't matter, on divorce proceedings.

What does matter, is the local/state divorce laws, regulations, and case findings.

For example, if yer brother lives in 'community property' state, then usually the 'holdings' are divided somehow, during a divorce hearing. Either the couple decides how the division occurs, in an amicable fashion (PRIOR TO THE HEARING), OR the divorce judge decides (DURING THE HEARING).

If anything is 'contested' then it's up to the judge to decide, up to each attorney to 'present each side's case' on this division.

---

With that said, however, if yer brother DOES NOT LIVE in a 'community property state', then it's up to HIM to learn what rules/regulations cover 'disposition of estate' , alimony, and fees.

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Does he want to study this stuff, or is he relying on a divorce lawyer to handle all?

Good luck to him, however it turns out.

[NigeriaorBust 4,087]

If the house was owned free and clear prior to the marriage then he can keep it and dispose of it as he wishes even in community property states. It is an error to assume that assets are divided. She is entitled to a share of assets gained after the marriage

For a marriage of 8 months that would amount to next to nothing. Offer her a one way ticket if she agrees to an uncontested divorce.

[Darnell 8,478]

If the house was owned free and clear prior to the marriage then he can keep it and dispose of it as he wishes even in community property states. It is an error to assume that assets are divided. She is entitled to a share of assets gained after the marriage

For a marriage of 8 months that would amount to next to nothing. Offer her a one way ticket if she agrees to an uncontested divorce.

Good point, but he did mention the house was purchased after the marriage took place.

I do agree about the 'short duration of marriage', though, even in a community property state - that is some 'bar' or 'ceiling' or 'thresh hold' to evaluate for 'what is divided' and 'what is not divided'.

State laws vary, so hopefully the OP can suggest to his brother to study up on the state laws. Soonish.

If he lives in a 'nice state', then he can file for divorce, she can sign 'waiver to appear'for any divorce hearing, have nothing contested in the assets, and she can leave after the divorce paperwork is filed.

[mare333 0]

they live in 'community property' state - Nevada.

And as i said he used all his savings/cash to buy house and car after marriage. She didnt partecipate with anything

So does it mean now she owns half of that or ... ?

[mare333 0]

Good point, but he did mention the house was purchased after the marriage took place.

I do agree about the 'short duration of marriage', though, even in a community property state - that is some 'bar' or 'ceiling' or 'thresh hold' to evaluate for 'what is divided' and 'what is not divided'.

State laws vary, so hopefully the OP can suggest to his brother to study up on the state laws. Soonish.

If he lives in a 'nice state', then he can file for divorce, she can sign 'waiver to appear'for any divorce hearing, have nothing contested in the assets, and she can leave after the divorce paperwork is filed.

they live in 'community property' state - Nevada.

And as i said he used all his savings/cash to buy house and car after marriage. She didnt partecipate with anything

So does it mean now she owns half of that or ... ?

She is not cooperating about divorce, we think someone told her she owns half of that so she wants some money from him

My brother is getting layer next week

But i just wonder what happens if someone marry in some of these 'community property' states and lets say have 300.000$ in bank.... After divorce other spose can ask half of that?

[Darnell 8,478]

So does it mean now she owns half of that or ... ?

No idea. Great Research Topic, though.

Keep in mind, this is an IMMIGRATION PORTAL, not a DIVORCE PORTAL.

Even with that said, the regulations and laws are available, can find them online, for the state of Nevada.

Will you be doing that research for your brother, or will he be doing it himself?

[nab 74]

If the house was owned free and clear prior to the marriage then he can keep it and dispose of it as he wishes even in community property states. It is an error to assume that assets are divided. She is entitled to a share of assets gained after the marriage

For a marriage of 8 months that would amount to next to nothing. Offer her a one way ticket if she agrees to an uncontested divorce.

oh how wrong you are

believe it or not MUCH is left up to the discretion of courts and if you get a judge or magistrate who 'sides' with one or the other, one party can get VERY burnt. once you are married you are full partners in all, even things from prior to marriage and in your name only 'if you did not keep ALL assets separate throughout the marriage". once you "co-mingle" even one thing you are BURNT.

why do you think USCIS/NVC places such a high importance on having joint bank or credit card accounts or co-owned assets... you have co-mingled and left yourself open to this person. too many take that lightly.

to the OP... if he did not cover himself at least a couple years prior to the divorce he better prepare to lose much if he gets attorney and goes to court; attorneys just drag things out till ALL the money is gone and neither wife/husband end up with anything. if he didnt do a prenup and cover himself well, tell him pay what she wants (NO money exchanging until she signs dissolution papers which state EXACTLY how much money she is getting)... let her have 10-25% of that then rest on day of court hearing for dissolution. dissolutions are fast and she will ahve money in her hot little hand quickly... if he goes divorce he can and probably will lose all becasue you've said she never worked... he will be responsible for her legal bills as well as his own. why would she go for a loser lawyer when she can have THE BEST? and he will be paying the bill for this top of the line lawyer who will in turn wipe him out - paying her and paying all legal bills.

tell him lesson learned and be more careful next time. nothinig like 20/20 hindsight to learn these things... hoping someone else benefits from this, i am one of the burnt ones!

[JimVaPhuong 4,863]

The rules vary between community property states, but there are many things in common.

In general, any assets he had before the marriage are "separate" property. Unless he co-mingles those assets after the marriage, they remain his separate property. Any property he purchases exclusively using separate assets will remain his separate property. Except in Texas, Louisiana, and Idaho, any income derived exclusively from separate property will remain separate property, including any equity accumulated. About the only way she'd have a valid claim to any portion of the home is if she could demonstrate that she has invested either assets or labor into the home, or that community assets have been invested into the home.

If she is determined to have a valid claim for support, then her claim could be applied against his separate property.

[candn 17]

She does not want to stay in the United States. She wants to return to Romania. Not everyone that comes here desires to stay once things don't work out. Giving her half may or may not be the right thing to do. Depends on the courts and the laws of that particular state.

he co-mingled the cash when he used to buy house. Wife provided labor to run the house, hence its community property now. I think he should giver her half the proeperty cuz thats the right thing to do. Also give her support to remove condition so she can stay in US.

[NigeriaorBust 4,087]

He used separate funds to buy the house , they have held the house jointly for 8 months and the value is probably pretty flat. Half of pretty flat is nothing. Alimony for a marriage is based on the length of the marriage and usually is granted for a period of 1/10th the length of the marriage . This also is nothing. Community property ( money from the period together ) was probably consumed unfairly on her side buying stuff when she arrived so she may owe him on that division . Most people hear community property and think it means that SHE gets half of everything on day one , not at all true. Immigration is tough because they don't want terrorist using it as an easy entry pass. They couldn't give a damn about divorce laws

[LIFE'SJOURNEY 970]

He used separate funds to buy the house , they have held the house jointly for 8 months and the value is probably pretty flat. Half of pretty flat is nothing. Alimony for a marriage is based on the length of the marriage and usually is granted for a period of 1/10th the length of the marriage . This also is nothing. Community property ( money from the period together ) was probably consumed unfairly on her side buying stuff when she arrived so she may owe him on that division . Most people hear community property and think it means that SHE gets half of everything on day one , not at all true. Immigration is tough because they don't want terrorist using it as an easy entry pass. They couldn't give a damn about divorce laws

This is the BEST and CORRECT INFO for this situation. Wife did not contribute any money toward the house, therefore she will not be entitled to none. His money was earned pior to the marriage even though the house was brought after the date of marriage. Too short of a marriage to be considered for alimony.

[LIFE'SJOURNEY 970]

Whats the point of marrying US Citizen if we can't get half their assets in event of divorce? I mean we leave our family and homeland behind to be with them, and they ditch us after 2-3 years for newer model. In class we receive about marrying US Citizen, they tell us that we get 1/2 of co-mingled assets.

Well, who every this "they" is, is giving you incorrect information. If you have contribute nothing into the marriage then there is nothing to get out of it.

[LIFE'SJOURNEY 970]

Well, whom every this "they" is, is giving you incorrect information. If you have contributed nothing into the marriage then there is nothing to get out of it.

[HeatDeath 430]

Whats the point of marrying US Citizen if we can't get half their assets in event of divorce? I mean we leave our family and homeland behind to be with them, and they ditch us after 2-3 years for newer model. In class we receive about marrying US Citizen, they tell us that we get 1/2 of co-mingled assets.

This is some of the most finely-honed sarcasm I have ever read.

I hope?

Edited August 16, 2010 by HeatDeath