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I am looking for clarification on what laws apply to the assets of a non-US couple who married in their home country but now live in the US. Assets are in the home country as well as here in the US. Both people have work visas, so they are not permanent residents / green card holders.
Thank you for your advice, and recommendation on lawyer. |
| Anyone? |
| No one can answer this because we have no clue what kind of issue you’re dealing with. Is it property division in divorce? Structuring a will/estate plan? Transfer of ownership? |
| OP here. It's property division, with suspicion that assets are being hidden by one spouse in the home country. |
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Your case is a legal nightmare. My ex-w was a foreign national. She got half the assets in the USA, and hid her assets overseas. I've run into many other people with the same problem.
Also, it doesn't matter where the marriage took place if the divorce happens in the US. |
Are these assets prior to marriage? I'm European and my H doesn't have any legal rights to my assets in Europe. |
I think it would be different for OP and the spouse, as they are both non residents. |
I don't know! Assets are mostly stocks. I've read that if the account was opened before the marriage, but that marital funds were used to buy more stocks during the marriage, or that stocks were sold or dividends from same were used for living expenses during the marriage, then even if the original account was in one spouse's name, the account can be assumed to be partly marital property. At least in MD, were the couple currently live. This is why I am looking for a lawyer. |
Which means nothing. My ex-w sued for my pre-marital accounts. I then had to pay lawyers lots of money to defend my legal rights. I won on that point, but cloud have lost and would have lost if I hadn't had a good lawyer. |
| Where you married is irrelevant. The governing laws are the ones in the state where you file for divorce. It seems likely that they won’t have jurisdiction over assets in Europe, so good luck getting those. |
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So... any lawyer recommendations? |
You want a lawyer in DC or Montgomery County who handles World Bank employee cases. |
| Howard Soypher was my lawyer in a very similar case. |