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stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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I got my US citizenship just last year; before that I was a

Customer 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.

I got married in INdiana, seems the law said,
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.


Dose that mean it's possible He can take one of my house? even it's in China?
Submitted: 1 year ago.
Category: Family Law
Expert:  stevexo replied 1 year ago.
31 years of family law litigation. Understanding of your concerns,and a good legal knowledge base. Hi glad to help, and this is a very good question in light of the wording of this statute. You can rest easy tonight, both of your homes in China will be awarded to you, and should not even be considered marital property. Although under the statute this property could be part of the divorce, because it was purchased by your parents for you prior to marriage, and he made no contribution towards it, under Indiana law this gives you a special equity in the properties, and thus he will not be awarded either home. The statute is a bit misleading as it says it should divide the property (whether:), which appears to indicate that if owned before marriage it can be divided, but the law on this indicates that the division is to award it to the party who purchased it prior to marriage. Good Luck, Sincerely, Steve
Customer: replied 1 year ago.

THanks a lot for the help!!!!


 


ONe last question.... My parents did transfer the title of their 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:  stevexo replied 1 year ago.
This answer is not as cut and dry as the other question. Normally each post is limited to only one question as per JA rules. I will answer it f out of courtesy to you,as this is the last question I am taking tonight. Please just keep in mind that I get no credit for this answer,or my prior one, until you rate my answers. Having said this, the general rule is that property acquired during marriage is subject to the claims of the other. But another exception that you will see noted under section 2, is that property acquired by a spouse in their own right, is generally considered their separate property. I think this applies to you, as this was a gift to you from your parents, free from any contribution of his, and was acquired by you in your own right. Thus I believe you have a claim to total ownership of this also. Good luck, Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
stevexo and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

thanks for the help~ you have a good weekend!!

Expert:  stevexo replied 1 year ago.
You too!

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