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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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i am married in the other country,i lived here in US and he ...

Customer Question

i am married in the other country,i lived here in US and he lives in Phils since marriage waiting for his petition,then now he wants divorce.I work here and own assets and properties.My question is if i divorced him,does he has the right for my assets too since i was the only one who worked for it?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Could you please clarify the following:

1) What country were you married?

2) What state was a petition for divorced filed in? Is Phils, Philadelphia in Pennsylvania?

3) Are you currently separated and how long?

4) When where these assets and properties acquired, before or during the marriage of during the separation? Has he ever made any contributions to these assets and properties.

Thank you.

Customer: replied 9 years ago.
1) Philippines
2) There was no petition filed yet,that is why
    i am inquring.
3) I am still waiting for the petition, we got married 2000,so he lives in phillippines eversince and never been here in USA.
4)I have retirement since 2003 and house 2006.He never contributed anything.



   Thank you very much!
Expert:  Attorney & Mediator replied 9 years ago.
Thank youCustomerfor your response.

First I have no knowledge of the laws for the Philippines, but if you are going to divorce in Texas, all property acquired during the marriage, either together or individually is considered community property, which means that the property can be split 50/50. So despite him not having been to the United States or contributing to anything, since the property is located in Texas, he is entitled to a 50/50 split.

However, if you can enter into a settlement agreement where he agrees to waive his rights to the property in exchange for some money, then you can be able to keep your property. Only when the spouses are unable to agree to the distribution of the property, will the law of Texas apply to distribution the marital assets.


You can read more about this below from the Texas statutes:

SECTION 3.003. PRESUMPTION OF COMMUNITY PROPERTY


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.


Attorney & Mediator and other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
Thank you very much,I really appreciate your answers.
Expert:  Attorney & Mediator replied 9 years ago.
You are welcomeCustomer All the best to you with this issue.


Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.