Who owns what in a US marriage?

[PAGE 11 14]

Can anyone provide a good source of information regarding marriage/ property / inheritance law in the US?

Specifically, separate, communal and conjugal property as it affects both parties, and in particular where one party is in immigration process?

Thanks

[Ironman140 45]

Can anyone provide a good source of information regarding marriage/ property / inheritance law in the US?

Specifically, separate, communal and conjugal property as it affects both parties, and in particular where one party is in immigration process?

Thanks

No expert here but it depends on what state your Living in and where you got married.

need more info???

[Adil & Jeanne 296]

What state are you in?

Is it a communial property state? You can look that up online. if so, when you marry, half is his along with half the bills.

Write to me directly if you need to know more.

Or make appointment with lawyer near you. If you have concerns, it is well worth an attorney fee.

jeanne

[PAGE 11 14]

No expert here but it depends on what state your Living in and where you got married.

need more info???

We will be married in and will live in California. I will be the foreign spouse arriving on K-1 and will go through immigration process. We both have assets going into marriage, mine are in my home country, his in the US.

[Anh map 2,098]

We will be married in and will live in California. I will be the foreign spouse arriving on K-1 and will go through immigration process. We both have assets going into marriage, mine are in my home country, his in the US.

You would want to consult a California based family law attorney to ask about how your foreign assets would be treated.

[Tim/Mav 305]

I don't think the USC has a Right to Any Property in the Philipphines in the result of a disolved Marridge. The Assets accumulated during your Marridge in the US are Split According to your State Laws.

[Tim/Mav 305]

I don't think the USC has a Right to Any Property in the Philipphines in the result of a disolved Marridge. The Assets accumulated during your Marridge in the US are Split According to your State Laws.

The way I understand this I believe is Correct. The Philipphine Goverment does NOT want Americans buying their Country for Pesos on the Dollar. A married Pinay and the USC can purchase property but will be Titled 49% USC/51% Pinay. In the Result of termination of the Marridge 100% of the Title (Deed) goes back to the Pinay.

Any USC that has purchased say a house/lot in the Philipphines can answer this better.

[PAGE 11 14]

What state are you in?

Is it a communial property state? You can look that up online. if so, when you marry, half is his along with half the bills.

Write to me directly if you need to know more.

Or make appointment with lawyer near you. If you have concerns, it is well worth an attorney fee.

jeanne

Thanks, I looked it up. CA is indeed a community property state.

[PAGE 11 14]

The way I understand this I believe is Correct. The Philipphine Goverment does NOT want Americans buying their Country for Pesos on the Dollar. A married Pinay and the USC can purchase property but will be Titled 49% USC/51% Pinay. In the Result of termination of the Marridge 100% of the Title (Deed) goes back to the Pinay.

Any USC that has purchased say a house/lot in the Philipphines can answer this better.

Thanks, Tim. Yes, this was how I understood it. We are far from making any major purchases either here in RP or there, but have been discussing options for the future. We both also have one child each from previous relationships. It makes sense to clear up property issues at this point, unromantic as it may seem.

[prep.mac 7]

Hi, everyone!

There are only ten (10) states that are on known to be "community property states" - Alaska (opt-in),Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington State and Wisconsin.

Under a community property system, all property acquired by either spouse during marriage, with a few exceptions (such as property acquired by gift, inheritance, or devise, or the rents and profits of separate property) is treated as "community property" meaning that each spouse owns an undivided 1/2 interest in it. At divorce, all community property is split 50/50 between the spouses. If the property can't be divided in half (basically any property besides money, including houses, cars, and other tangible property), it will be sold, and the spouses will split the proceeds.

In the Philippines,aliens, as a general rule, are not allowed to own real property in the Philippines. By “general rule”, though there are certain exceptions, as the 2 below:

The prohibition on foreigners owning Philippine lands is embodied in no less than the Philippine Constitution. This, in fact, is one of the usual reason cited by those who want to revise or amend the Constitution. The Constitution provides:

“Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.” (Article XII, Section 7)

It’s clear from this provision that private land may be transferred only to persons or entitles who/which has the capacity “to acquire or hold lands of the public domain.” Those who are qualified to acquire or hold lands of the public domain are as follows:

1. Filipino citizens.

2. Corporations at least 60% of the capital of which is owned by Filipinos.

In other words, the Constitution explicitly prohibits non-Filipinos from acquiring or holding title to private lands. Among the exceptions are as follows: (1) transfer to an alien by way of legal succession; or (2) if the acquisition was made by a former natural-born citizen. The 1987 Constitution provides that:

“Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.” (Art. XII, Sec. 8)

The Supreme Court reiterated this general rule in a recent case (Borromeo vs. Descallar, G.R. No. 159310, 24 February 2009). The Court also reiterated the consistent ruling that if land is invalidly transferred to an alien who subsequently becomes a Filipino citizen or transfers it to a Filipino, the flaw in the original transaction is considered cured and the title of the transferee is rendered valid.

There are other exceptions to the prohibition on aliens owning real property in the Philippines, like full ownership by foreigners of condominium units.

To summarize: The USC couldn't touch the VJer's property in the Philippines especially that she acquired them before marriage. Suggest you google on real property owndership in the Philippines. I read somewhere before that even if a Filipino, after marriage to a foreigner, acquire properties /businesses in the Philippines, the USC will have difficulty getting his share (if at all) from the Filipino spouse, after divorce. Any foreigner who wants to acquire a property in the Philippines need a Filipino citizen to "partner" with them. Thy can't purchase land and businesses there on their own. They can get condos and apartments under their names but not land. So figure how he can get his condo from the "landowner" who is his/her spouse, the Filipino citizen, in case they divorce? Sounds ridiculous huh?!

Hope this helps.

prep.mac

[Tim/Mav 305]

Good Post Prep Mac. I knew some about it due to the fact Mav's Aunt here in the States is going through this and she owns Real Property in the Phil's ( Divorce ) I talk to her on the Phone sometimes. Even what was Purchased in the Philippines after Marridge she Owns. 100%.

[prep.mac 7]

Thanks, Tim/Mav!

I first gathered info about this 2 years ago when a USC friend was looking into getting land in the Philippines..just passed on what I knew.

Good luck!

prep.mac

[Daniel&Theary 30]

California is a community property state to a point. Depends on length of marriage and what was brought into the marriage. For example if you are married for 5 years and he brings in a million dollars and a house those are his but you are entitled to half of anything made during the marriage including any money that the house has gone up in value (none right now) you also would have claim to part of any retirement plan. But if there is a prenup then you go by what that says.

I AM NOT AN ATTORNEY NOR DO I PLAY ONE ON TV JUST HAVE BEEN THROUGH THE PROCESS CONSULT A REAL ATTORNEY TO BE 100% SURE Good luck to you

[Daniel&Theary 30]

My past experince she owned a house in Acapulco and I owned a house in California since the house here went down in value I did not owe her anything ( Base on the purchase price if it had gone up from date of marriage i would have owed her equity) and Since she owned the house before marriage I had no claim to it we split money in bank evenly but since only married 2 years no alimony and she had to return the Mercedes purchased before marriage that she was driving even though I owned 2 more cars. They were all bought prior to marriage. Hope my pain helps some one Good Luck to you

[newlyweds2010 208]

California is a community property state. All property acquired during the course of a marriage is presumed community property (CP). All property acquired before marriage or after permanent separation is presumed to be separate property (SP). In addition, any property obtained by one spouse through gift, bequest or devise is presumed to be SP.

In order to determine the character of any asset, courts will trace back to the source of funds used to acquire the assets. A mere change in the form of an asset does not change its characterization.

This is how they tell you to start every community property essay when you take the California bar exam. I hope it helps (it did help me, I passed )

Edited July 2, 2011 by newlyweds2010