Division of U.S. Real Property After the Divorce of Non-Citizens

My question involves a marriage in the state of: California

Hi,

I married my partner 2 years ago in California however we're both Israeli citizens living in Australia. We've been together for over 15 years, sharing a bank account for about 10 years.
We both some properties in the USA but as we are not citizens, the properties are:
1. one property is on my partners father name
2. one property is on my partners father name and will be given as a gift to my partner
3. other properties are registered to a USA company (joint venture) owned by my partner and his father

All properties were bought using our common money.

My concerns are that in case of my partners death or in case of divorce I will lose all my savings as I cannot be added as an owner (or can be added by paying a lot of taxes/loans which I cannot afford now).
I've been told one option is to sign a contract between me and my partner here in Australia to state that these assets are common.

Any ideas how I can ease my concerns of losing all my savings in this complicated situation?

Thanks a lot for your time and help!

You'll have to go by Australian divorce law, I'm afraid, when it comes to property division.

You can enter into contracts with your partner, and with the people who own the properties or corporate shares, to try to create a mechanism by which you or your heirs have financial recourse following death or divorce. The enforceability of the contract could vary depending upon where you enforce it -- we can't promise you how a court in Israel, for example, would interpret or apply a contract you enter in Australia -- and there are jurisdictional issues in relation to the parties who are in other nations (such as a father or corporation in the United States). Even if they agree to the jurisdiction of the foreign court, unless they voluntarily comply with the judgment any court ruling would still need to be enforced in the U.S.

So, basically, unless everybody cooperates, this type of arrangement is going to be complicated for you with or without an Australian contract. You can work with a lawyer to try to simplify things, as much as possible, but if the other parties involved want to make things difficult you can anticipate future difficulties.

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Quoting lawcurs

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My question involves a marriage in the state of: California

Hi,

I married my partner 2 years ago in California however we're both Israeli citizens living in Australia. We've been together for over 15 years, sharing a bank account for about 10 years.
We both some properties in the USA but as we are not citizens, the properties are:
1. one property is on my partners father name
2. one property is on my partners father name and will be given as a gift to my partner
3. other properties are registered to a USA company (joint venture) owned by my partner and his father

All properties were bought using our common money.

My concerns are that in case of my partners death or in case of divorce I will lose all my savings as I cannot be added as an owner (or can be added by paying a lot of taxes/loans which I cannot afford now).
I've been told one option is to sign a contract between me and my partner here in Australia to state that these assets are common.

Any ideas how I can ease my concerns of losing all my savings in this complicated situation?

Thanks a lot for your time and help!

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I do not see how you can make any claim to properties 1 and 2 because they are solely in the name of a third party. If you made an investment that can be separately traced you might have some leverage, but neither you nor your partner own those properties.

You may have a claim to a portion of your partner's share in the USA company.

Why in the world did you invest money in property without insisting that your name be on the property or the business?

As posted you seem to have about zero interest by title in anything you post but for the joint account.

You best get legal counsel before it's too late.

Thank you Dogmatique. This is the case even if the properties are in the US and we got marries in the US? We are not Australians citizens (yet) and may move to the US in a couple of years.

Also the main issue I think is that the properties are on the my partners father name (he is a US citizen) and I'm looking for a way to get a hold of the property in case of death or divorce. Maybe a contract between us?

Thanks again.

Quote:

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Quoting lawcurs

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Thank you Dogmatique. This is the case even if the properties are in the US and we got marries in the US? We are not Australians citizens (yet) and may move to the US in a couple of years.

Also the main issue I think is that the properties are on the my partners father name (he is a US citizen) and I'm looking for a way to get a hold of the property in case of death or divorce. Maybe a contract between us?

Thanks again.

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... you need an attorney. Something tells me that at least one of you isn't quite on the same page as the other two ...

why are the properties in the names of others?

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1. one property is on my partners father name

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so your father in law owns property. Ok fine. It belongs to father in law.

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2. one property is on my partners father name and will be given as a gift to my partner

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and your father in law owns even more property you believe will be gifted to your partner. Ok, fine. It currently belongs to father in law and if he gifts it to your partner, then your partner will own it outright with you having no claim to it.

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3. other properties are registered to a USA company (joint venture) owned by my partner and his father

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so a company owns this other property. If you divorced in California you would have a right to have your partners share included in the calculations for division of marital property. You have no specific claim to the property though.

I see you owning nor having rights to any of the property listed.

Thank you all for your replies.
jk, yes you are right however it is my money and my partners money invested in the father in law properties. The question is can I sign a contract with him or my partner once he is gifted part of the propery to state that I have a portion in these properties? Will it hold up?

Yes you can, and there is no way we can predict whether or not it will hold up - no matter where you live.