QUESTION
If married in one state, have property in another state and thinking of divorce, what are the consequences?
Asked on Jul 23rd, 2013 on Divorce - Michigan
More details to this question:
I and my wife both are non-US Citizens, working in the US on H1-B work visa. We did a court marriage in Atlanta followed by two ceremonial weddings, one was a Hindu temple wedding and other was an American wedding in Washington State. Both of us are working in Ohio and my wife is planning to buy property in Ohio under her own name, I have not signed a single document. Will I be liable for her mortgage debt or any other credit card debts if we divorce and which state law will be applicable at the time of divorce? She also has property outside US, will that also come into picture? We have no children.
2 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Ceremonial weddings make no difference. Whichever state issued a marriage license is the state in which you were legally married. You can get divorced in which ever state you live in. If that is Ohio, than file there. You are only liable for her mortgage if at the time she signs the mortgage no dissolution petition has been filed. Usually, a mortgage company will have the spouse sign a quit claim deed just in case and the mortgage can be written "as her sole and separate liability," if the two of you are in the process of a divorce, but it's not completed yet.
Answered on Jul 24th, 2013 at 8:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, you can be divorced in the jurisdiction where you reside. All property, where ever situated is in the mix.
Answered on Jul 24th, 2013 at 10:27 AM