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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12797
Experience:  Licensed experienced Attorney
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I got my US citizenship just last year; before that I was a

Resolved Question:

I got my US citizenship just last year; before that I was a chinese. I have been married 3 years and now my husband wants to divorce me.. I have two houses in China, which was bought by my parents before our marriage. Do I have to give one to my husband after divorce? we didn't have any prenup before marrige.

Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Any assets / real estate that were owned by you prior to your marriage, would remain your separate property and you would not have to share or divide any of such assets with your husband during divorce.

I wish you the best of luck!
Customer: replied 1 year ago.

I'm from INdiana,s so I checked the law, saying "


Marital Property vs. Separate Property

Being an all property state, marital property is property owned or acquired by either spouse before or during the marriage or assets acquired by their joint efforts. The spouses must have executed a valid pre-nuptial agreement prior to their marriage in order to keep property separate. More often than not, a Court deviates from the 50/50 presumption in order to give a spouse his or her separate property”


 


seems before the marriage counts too,,,

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

While the law that you quoted is correct, it is only one part of the law and I will post the entire section of the law that would be applied in your situation and which would clearly help you rebut any presumptions that these two houses in China purchased by your parents funds prior to marriage would be your separate and individual property:

IC 31-15-7-4
Division of property
Sec. 4. (a) In an action for dissolution of marriage under IC 31-15-2-2, the court shall divide the property of the parties, whether:
(1) owned by either spouse before the marriage;
(2) acquired by either spouse in his or her own right:
(A) after the marriage; and
(B) before final separation of the parties; or
(3) acquired by their joint efforts.
(b) The court shall divide the property in a just and reasonable manner by:
(1) division of the property in kind;
(2) setting the property or parts of the property over to one (1) of the spouses and requiring either spouse to pay an amount, either in gross or in installments, that is just and proper;
(3) ordering the sale of the property under such conditions as the court prescribes and dividing the proceeds of the sale; or
(4) ordering the distribution of benefits described in IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after the dissolution of marriage, by setting aside to either of the parties a percentage of those payments either by assignment or in kind at the time of receipt.
As added by P.L.1-1997, SEC.7.
IC 31-15-7-5
Presumption for equal division of marital property; rebuttal
Sec. 5. The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable:
(1) The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing.
(2) The extent to which the property was acquired by each spouse:
(A) before the marriage; or
(B) through inheritance or gift.
(3) The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children.
(4) The conduct of the parties during the marriage as related to the disposition or dissipation of their property.
(5) The earnings or earning ability of the parties as related to:
(A) a final division of property; and
(B) a final determination of the property rights of the parties.
Expert:  Alex J. Esq. replied 1 year ago.
Do you have any related follow up questions for me?
Customer: replied 1 year ago.

THanks for the following up!!! I don't really understand the law-tone english very well...


 


so the sentence "In an action for dissolution of marriage under IC 31-15-2-2, the court shall divide the property of the parties, whether:"   


 


means.... the court will decide whether it's before the marriage, if it's before the marrige, it should still be mine?


 


 


From what i can understsand from these law codes, are that, the court will consider that since the property was bought by my parents and before marriage, the court should not divide it to my husband, sounds like a 90% chance thing...


 


but there is no law say very explicitly that , it's a defintely 100% sure...


 


 


Again, thanks for the follow up!!!


 


 


 


 


 


 

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

According to Indiana law, as long as you can show in the divorce that the houses in China were bought prior to marriage by your parents and your husband did not contribute anything to these houses in China, it is 99% chance that your husband would not have any right to these houses in China.

Of course you should consult and retain an experienced local Indiana divorce attorney and this local attorney will be able to protect your legal rights and interested in your upcoming divorce.
Customer: replied 1 year ago.

THanks a lot for the help!!!!


 


ONe last question.... My parents did transfer the title of another (a 3rd one ) house to me during our marriage , in china too... How much is the chance that my husband can have it?.... 


 



Thanks a looooootttttt!

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

It is also highly unlikely, since neither you or your husband contributed any marital property to the acquisition of this house and the house was transferred to your name only by your parent and was intended for you and not your husband.
Customer: replied 1 year ago.

THanks a lot for the help tonight!!!!!!!! you have a great weekend!!!

Expert:  Alex J. Esq. replied 1 year ago.
Thank you and please click on the "Excellent Service" rating, so I can receive credit for my answer.

Bonus and positive feedback is always appreciated, but is not required.

Good Luck and GOD Bless you!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12797
Experience: Licensed experienced Attorney
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