What is the name of your state?What is the name of your state?What is the name of your state? WA
Background : Married for 3 years (2 of them in OR, last one year in WA). I have been paying all the household expenses since the beginning as well as supporting my wife's graduate education at a local university. No kids. No significant jointly held accounts, no credit card debt. I have sole title to all property. I own one house in OR which I bought prior to marriage and currently rent out. I have another house in WA which she signed a quit-claim deed at time of purchase because of her non-existent credit. I make all mortgage, tax, insurance etc payments. Also own two cars free & clear with titles in my name. One of the cars was acquired prior to marriage and other during. I have a good job and substantial assets (brokerage, savings and 401Ks) that were established prior to marriage . I have not mingled them significantly during marriage but have transferred some of these pre-marital assets from one account to another ( 401K to roll-over IRA etc. ). There might have been some minor mingling of my post and pre-marital income in one of my bank accounts but she hasn't chipped any money in to these accounts in any significant way. Basically I have tried my best to avoid mingling post- and pre-marital bank accounts. My wife's assets amount to less than 5% of my assets. She has a part-time job and she keeps her income in a separate account and does not chip in to any household expenses nor does she do a good job of home-making.
It is becoming increasingly clear to me that I am doing most of the work (both job and housework) in this relationship and my wife is mooching a free ride contrary to her verbal commitments prior to marriage. Consequently I am considering divorce so I can cut my losses and move on. I would appreciate answers to any or all of the following questions.
Q. Can my wife claim duress for signing quit-claim deed and void it ? What kind of proof would she need to provide to prove duress.
Q. Are my OR and WA houses solely my possession after divorce ? From perusal of this board it seems like the OR house may not be entirely mine even though I paid the mortgage and its in my name ?
Q. If either or both of the house are mine then can I protect my liquid assets by transferring them to pay down my mortgages on the house(s) prior to starting divorce ?
Q. Are my individual 401Ks, Roth and IRA community property ?
Q. How about stock options that I have been granted but which won't vest until 4 more years ?
Q. Am I liable for spousal support if my wife doesn't have a job (despite having a masters degree) ? Would it be better to wait till my wife gets a full-time job before initiating divorce ?
Q. Would it be better to move back to OR before initiating divorce (community vs equitable distributrion) ?
Q. Does the court's jurisdiction extend to overseas assets in India? Is it possible for a US court to enforce its writ overseas ? I don't think my wife is aware of my overseas assets' existence.
Q. Is it legal to transfer some of my liquid assets overseas to India (whether in my own name or as a monetary gift to one of my relatives who lives there) to protect them ?
Thanks,
Q.
Background : Married for 3 years (2 of them in OR, last one year in WA). I have been paying all the household expenses since the beginning as well as supporting my wife's graduate education at a local university. No kids. No significant jointly held accounts, no credit card debt. I have sole title to all property. I own one house in OR which I bought prior to marriage and currently rent out. I have another house in WA which she signed a quit-claim deed at time of purchase because of her non-existent credit. I make all mortgage, tax, insurance etc payments. Also own two cars free & clear with titles in my name. One of the cars was acquired prior to marriage and other during. I have a good job and substantial assets (brokerage, savings and 401Ks) that were established prior to marriage . I have not mingled them significantly during marriage but have transferred some of these pre-marital assets from one account to another ( 401K to roll-over IRA etc. ). There might have been some minor mingling of my post and pre-marital income in one of my bank accounts but she hasn't chipped any money in to these accounts in any significant way. Basically I have tried my best to avoid mingling post- and pre-marital bank accounts. My wife's assets amount to less than 5% of my assets. She has a part-time job and she keeps her income in a separate account and does not chip in to any household expenses nor does she do a good job of home-making.
It is becoming increasingly clear to me that I am doing most of the work (both job and housework) in this relationship and my wife is mooching a free ride contrary to her verbal commitments prior to marriage. Consequently I am considering divorce so I can cut my losses and move on. I would appreciate answers to any or all of the following questions.
Q. Can my wife claim duress for signing quit-claim deed and void it ? What kind of proof would she need to provide to prove duress.
Q. Are my OR and WA houses solely my possession after divorce ? From perusal of this board it seems like the OR house may not be entirely mine even though I paid the mortgage and its in my name ?
Q. If either or both of the house are mine then can I protect my liquid assets by transferring them to pay down my mortgages on the house(s) prior to starting divorce ?
Q. Are my individual 401Ks, Roth and IRA community property ?
Q. How about stock options that I have been granted but which won't vest until 4 more years ?
Q. Am I liable for spousal support if my wife doesn't have a job (despite having a masters degree) ? Would it be better to wait till my wife gets a full-time job before initiating divorce ?
Q. Would it be better to move back to OR before initiating divorce (community vs equitable distributrion) ?
Q. Does the court's jurisdiction extend to overseas assets in India? Is it possible for a US court to enforce its writ overseas ? I don't think my wife is aware of my overseas assets' existence.
Q. Is it legal to transfer some of my liquid assets overseas to India (whether in my own name or as a monetary gift to one of my relatives who lives there) to protect them ?
Thanks,
Q.