Summary: When a divorce involves citizens from two different countries, the U.S. courts may favor the American. Nevertheless, the other spouse should still hire a divorce attorney to ensure that his or her interests are addressed in divorce court. Even if the American spouse threatens to take ownership of their joint property, the other spouse is not without options. He or she can hire a divorce attorney to ensure that the divorce settlement is fair.
Q: I am currently in the process of getting divorced. My husband and I own a house in Massachusetts, and I have moved to my country of origin, India.
My soon-to-be-ex-husband is asking me to sign over the deed of the house to him, thereby giving up ownership of the house. His lawyer says even if I don't sign they will get a court to make me do it. Is that possible?
Will I get any share of the equity of the property?
A: The answer is yes, you might have to sign a deed eventually. And yes, your ex-husband might be able to force you to sign by using the legal processes available through the U.S. courts.
What I'm wondering is where is your attorney in all of this? If you are getting divorced, you should hire someone to represent your legal and financial interests in the case back in the U.S.
You are half a world away, and if you really care about what, if any, money you'll receive in the divorce agreement, you should think about returning to the U.S. and fighting for what is yours. At the very least, you'll need someone to do the fighting for you.
While your husband's attorney is correct, it's not the only possible outcome to the case. Again, find your own lawyer and fight for what is yours.
Jan. 26, 2008.
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