My brother is getting divorce but need some info

[NigeriaorBust 4,087]

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.

The problem is the term co mingled Just because you live in a house doesn't mean that it is a co mingled asset. The house has a value the day you move in . Assuming you help pay for it from that day you have some stake in the increase ( if it does) If your spouse is like me and pays for the house from separately held monies then you have no stake in the house. If you ( the plural sense) spend lots of money buying the non USC things in arriving there is a high potential that you are getting a greater share of the co mingled assets and could very well end up in a position where on leaving you owe the USC money.

[JimVaPhuong 4,863]

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.

Each spouse gets half of the MARITAL assets. Those are assets which were acquired AFTER the marriage, or separately owned assets that were CO-MINGLED after the marriage. You do NOT get half of everything they owned BEFORE the marriage.

By the same token, each spouse is responsible for the half of the MARITAL debts. If the marital debts outweigh the marital assets then you could end up walking away with nothing but debt.

A house paid for entirely with money the buyer had before the marriage is not a "co-mingled" asset. It is separate property in EVERY community property state. Equity accrued (i.e., any increase in the home's value) after the marriage is a MARITAL asset only in three community property states - Texas, Louisiana, and Idaho. In all other community property states, the equity is also separate property. The other spouse has no claim to it.

An asset is considered "co-mingled" when it's no longer possible to distinguish it from separate assets. For example, separately owned cash deposited in a joint account, which is subsequently used to make deposits and withdrawals of community assets, becomes co-mingled.

Are you actually taking a CLASS on how to marry a US citizen?

[TheSahlis 10]

Here are the Nevada Laws:

Property Distribution: Nevada is a "Community Property" state. Community property is all property that was acquired during the marriage This property will be divided equally (50-50) by the court if the parties are not able to come to an agreement.

In granting a divorce, the court shall dispose of any property held in joint tenancy (community property). If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made.

In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider: (a) The intention of the parties in placing the property in joint tenancy; (b) The length of the marriage; and © Any other factor which the court deems relevant in making a just and equitable disposition of that property. (Nevada Statutes - Chapter 125 - Sections: 150)

Essentially since its paid in full and all moneys came from his savings ( and he can prove it) she is owed nothing unless she can prove that she has somehow contributed to the house in a monetary fashion. I'm no lawyer but having just completed my own divorce with out a lawyer, because they want an ungodly amount of money, it may be cheaper to pay her off insted of using a lawyer you have to weigh which costs less, paying the bribe or paying the lawyer and having the thrill of victory.....

Edited August 16, 2010 by TheSahlis

[MRStee 19]

Essentially since its paid in full and all moneys came from his savings ( and he can prove it) she is owed nothing unless she can prove that she has somehow contributed to the house in a monetary fashion. I'm no lawyer but having just completed my own divorce with out a lawyer, because they want an ungodly amount of money, it may be cheaper to pay her off insted of using a lawyer you have to weigh which costs less, paying the bribe or paying the lawyer and having the thrill of victory.....

How could she do this if OP stated she never worked....

[candn 17]

What do you mean: What's the point of marrying a US citizen if you can't get half????? The point of marrying ANYONE should be for love NOT what you can get.

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.

[Mountain Climber 186]

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.

Wow, is this person serious? Very scary mindset.

Edited August 16, 2010 by Mountain Climber

[Canadiandggal 49]

Yes and No. I dont think he is replacing her for a newer model, I believe that their relationship took a turn for the worst and they both agree that they cannot be with each other. Does she deserve half the house and car? I doubt it, however he did buy the house and the car for them both to live in. Did she not get a job because she didnt want to or did they both agree she could stay at home? Laws are laws but judges usually make the decision. I do agree with an above poster, tell your brother to offer her an amount and buy her plane ticket home. At least she didn't marry your brother to get to the states.Once lawyers are involved he will be screwed by the fees anyways.

[mare333 0]

thanx all

my brother told me while ago that she asked him 20.000$ to go home and sign everything he wants.

My brother thinks its too much and now he is thinking what to do.

lawyers wants a lot of money,we know that,but he thinks its still better to get a lawyer then pay what she asks.

Also,i forgot to mention, after he bought a house he still had left about 30.000$ in his bank account, and she probably knows that.

Are those money also considered Community property ?

[mare333 0]

thanx all

my brother told me while ago that she asked him 20.000$ to go home and sign everything he wants.

My brother thinks its too much and now he is thinking what to do.

lawyers wants a lot of money,we know that,but he thinks its still better to get a lawyer then pay what she asks.

And yes,i think she didn't marry my brother to get to the states but she is too much focused about money. We think someone told her she can get half of assets or house when divorce... She didnt work i US even one day and also in romania before she came in US. My brother financed everything.

Also,i forgot to mention, after he bought a house he still had left about 30.000$ in his bank account, and she probably knows that.

Are those money also considered Community property ?

[TheSahlis 10]

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.

And everyone wonders why a spouce visa takes so long, gives each side plenty time to think if this is realy what they want to do. No you dont marry a US Citizen to get half their assets, and i know someone whe got burned this way by a mail order bride, one month after becoming able to stay in country with out being married had him throwen out and took everything. If assets are created during the marrage then you are due your fair share of that, but not what someone has worked for before hand. Though I do understand the leaving everything behind, i think and this is what we did, make a prenup and have it all spelled out as what happens in the case of a divorce that way the person moving has security and the person that is the citizen has peace of mind and doesnt have to worry that they are after them for what thay can take.

[Darnell 8,479]

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.

Which entity 'gave the class' ? Thanks in advance !

[IncorrectPolitics 26]

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.

You mean to tell me that there is a class that teachers you to marry a U.S. citizen in order to get a divorce and take everything. Are you actually taking this class? If you are shame on you, it is people like you who make the immigration process impossible for real legitimate couples.

[rlogan 2,036]

Are those money also considered Community property ?

No. Money is an asset. It was his asset before he arrived. Please re-read the post by thesahlis. Better still, learn how to google the Nevada Laws:

1) Go to www.google.com

2) Enter Nevada State Statutes

3) You'll see the Nevada Law Library. Click on it. It will send you here: http://www.leg.state.nv.us/law1.cfm

4) Click on Table of Contents

5) Find Domestic Relations

6) Read, read, and re-read the sections on marriage and especially dissolution of marriage; Alimony and disposition of property rights. Look up the big words you do not understand.

Give a man a fish vs. Teach a man to fish...

vietbride, I am hoping that was poorly worded english. If not, now that you know the law, we must conclude there is no point to your marriage and you will be going back to Vietnam, right?

[JimVaPhuong 4,863]

my english is just fine. I learn english for last few years here.

my class is from non-profit orgnazation to protect women against violence. This is to help us get help in US.

Ok, i see you point about 50/50, but I think its up to judge to decide. Judge may award more if wife is abused by US Citizen and sometime use as slave. I think qualify for VAWA as well for greencard. Even if we don't get much in divorce, we can find work and make money in US. We cannot do that viet.

Holy #######! Please, I hope your new husband is reading your posts! Your first husband certainly had you figured out!

[candn 17]

my english is just fine. I learn english for last few years here.

my class is from non-profit orgnazation to protect women against violence. This is to help us get help in US.

Ok, i see you point about 50/50, but I think its up to judge to decide. Judge may award more if wife is abused by US Citizen and sometime use as slave. I think qualify for VAWA as well for greencard. Even if we don't get much in divorce, we can find work and make money in US. We cannot do that viet.

Your comments on this topic and the topic you orginated elsewhere speaks for itself. For the first time, I am no longer complaining about the amount of time the service centers are taking if things like THIS are why they are carefully scrutinizing each case. It just makes it bad for those of us that TRULY love one another and want to be together whether it is here in the U.S. or anywhere else for that matter.