Uncertain future, multiple state question

What is the name of your state (only U.S. law)? georgia.

I've lived(and am living) in Georgia for almost 4 years but was married in ny where my wife is from. My questions are,

Does any possible nys divorce court hold any wait in Georgia?

The house is in my name only, she didnt sign any paper work what so ever along with 2 vehicles. I owned both before we were married.

All titles are in my name only. Is there any possible way a judge would give her rights to half?

Any suggestions to help me protect myself are appreciated.

JeffSrt said:

What is the name of your state (only U.S. law)? georgia.

I've lived(and am living) in Georgia for almost 4 years but was married in ny where my wife is from. My questions are,

Does any possible nys divorce court hold any wait in Georgia?

The house is in my name only, she didnt sign any paper work what so ever along with 2 vehicles. I owned both before we were married.

All titles are in my name only. Is there any possible way a judge would give her rights to half?

Any suggestions to help me protect myself are appreciated.

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She's going to be entitled to 1/2 of marital assets. Assuming that you paid for the mortgage and home upkeep with marital funds, if your home equity increased during your marriage (either because of increased value or because you've been paying down the mortgage), she will get 1/2 of the increase.

She will get 1/2 of other marital assets, as well.

The cars, you will probably get to keep.

Additionally, she is "entitled" to half the marital debt.

Are you asking if a NY court has any jurisdiction as to property distribution if you have never resided in NY? Are you stating you lived in NY or were merely married there?

JeffSrt said:

What is the name of your state (only U.S. law)? georgia.

I've lived(and am living) in Georgia for almost 4 years but was married in ny where my wife is from. My questions are,

Does any possible nys divorce court hold any wait in Georgia?

The house is in my name only, she didnt sign any paper work what so ever along with 2 vehicles. I owned both before we were married.

All titles are in my name only. Is there any possible way a judge would give her rights to half?

Any suggestions to help me protect myself are appreciated.

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Did you ever live in NY? Did you ever own property in NY? Were you sued in NY and did not answer the summons? It is possible that she is entitled to a portion of the house and vehicles. More details are necessary. The cars may very likely be separate proeprty or to the point that that they are upside down with no equity.

I lived in ny where I was never sued or owned property before moving to Georgia 4 years ago.Before I got married(in ny last september) I bought a house and the mortgage is in my name only.After we were married (and moved into the house)we did open a joint checking account.As far as the house goes it has no or probably negative equity.

I do want to know if a ny court would have any jurisdiction to my house and cars that are in Georgia.

While in ny and single, I did buy and pay for one of the cars. I didnt know my wife at that time. While in georgia and single I bought and paid for the 2nd car. The only payment that ever came out of our joint account was for insurance.

So basically I moved from ny to georgia. My wife wanted to get married in ny close to her family so we went to her home town and were married there. The marriage license which by the way she took when she left me is issued in ny. I am in Georgia with no plans to go back to ny. Thank you all for your help and please let me know if I need to clarify anything else.

I'm not sure where the certanity comes from, but a lot more facts are needed to help.

JeffSrt said:

I lived in ny where I was never sued or owned property before moving to Georgia 4 years ago.Before I got married(in ny last september) I bought a house and the mortgage is in my name only.After we were married (and moved into the house)we did open a joint checking account.As far as the house goes it has no or probably negative equity.

I do want to know if a ny court would have any jurisdiction to my house and cars that are in Georgia.

While in ny and single, I did buy and pay for one of the cars. I didnt know my wife at that time. While in georgia and single I bought and paid for the 2nd car. The only payment that ever came out of our joint account was for insurance.

So basically I moved from ny to georgia. My wife wanted to get married in ny close to her family so we went to her home town and were married there. The marriage license which by the way she took when she left me is issued in ny. I am in Georgia with no plans to go back to ny. Thank you all for your help and please let me know if I need to clarify anything else.

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I think you're wasting your time and asking all the wrong questions. Even in the scenario where NY has no jurisdiction over your property, she can still go after it in GA.

You're going to have a lot easier, happier life if you do what's right rather than spending your time trying to figure out how you can get away with ripping someone off.

She's entitled to 1/2 of marital assets. Stop trying to cheat her.

mistoffolees said:

I think you're wasting your time and asking all the wrong questions. Even in the scenario where NY has no jurisdiction over your property, she can still go after it in GA.

You're going to have a lot easier, happier life if you do what's right rather than spending your time trying to figure out how you can get away with ripping someone off.

She's entitled to 1/2 of marital assets. Stop trying to cheat her.

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Where did he state he's trying to cheat her? Assets he brought to the marriage aren't necessarily marital, and he has every right to be concerned.

A NY court should have no jurisdiction as to property seperation in GA, over a party who has not been a NY resident, and he should expect that any such be done in accordance with the laws of his state of residence. If I lived my marriage in WI, I'd expect my property to be distributed according to WI marital law, not some state I never lived in.

And remember, she'd also entitled to half the marital debt, as well.

nextwife said:

Where did he state he's trying to cheat her? Assets he brought to the marriage aren't necessarily marital, and he has every right to be concerned.

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I already clearly stated that she is entitled to 1/2 of MARITAL assets. If he brought something into the marriage, he can argue that it's not marital - no matter what state it is.

The reason it looks like he's trying to cheat her is that he's so worried about whether NY has any jurisdiction over his property. Basically, it's pretty clear that he's hoping that NY won't be able to enforce the property division and he won't give her anything. The whole "does NY have any jurisdiction over property in GA" thing can't have any other purpose than trying to avoid a just division of assets. To make matters worse, the creditors will not be restricted by state lines, so she could still owe 1/2 of the marital debt and not get any property if he plays his evasion games.

Then she's going to need to get an attorney involved and it's going to get much more expensive for both of them.

It's stupid, anyway. After 4 years of marriage, the home equity has probably not increased much, if at all. She's not going to be entitled to alimony. He owned the cars before they were married, so they're not likely to be marital assets (unless they borrowed money on them or something). If there are retirement or investment accounts with any major brokerage, they'll have offices in NY, so she'll be able to enforce the decree, anyway. He's trying to cheat her for some insignificant gain.

I lived in ny where I was never sued or owned property before moving to Georgia 4 years ago.Before I got married(in ny last september) I bought a house and the mortgage is in my name only.After we were married (and moved into the house)we did open a joint checking account.As far as the house goes it has no or probably negative equity.

I do want to know if a ny court would have any jurisdiction to my house and cars that are in Georgia.

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NY would have jurisdiction -- you lived there. You got married there.

While in ny and single, I did buy and pay for one of the cars. I didnt know my wife at that time. While in georgia and single I bought and paid for the 2nd car. The only payment that ever came out of our joint account was for insurance.

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Insurance may be enough to make the vehicles marital. I assume you also bought gasoline for the cars out of marital income and paid for upkeep out of marital income?

So basically I moved from ny to georgia. My wife wanted to get married in ny close to her family so we went to her home town and were married there. The marriage license which by the way she took when she left me is issued in ny. I am in Georgia with no plans to go back to ny. Thank you all for your help and please let me know if I need to clarify anything else.

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NY has jurisdiction.

wait why would ny have jurisdiction? he lived there 4 years ago and the wedding ceremony took place there, but looks like they (at least he) has lived in GA for 4 years and since the marriage and are there now. why does ny have jurisdiction?

they have only been married 8 months, doubt there is much marital assets

VeronicaLodge said:

wait why would ny have jurisdiction? he lived there 4 years ago and the wedding ceremony took place there, but looks like they (at least he) has lived in GA for 4 years and since the marriage and are there now. why does ny have jurisdiction?

they have only been married 8 months, doubt there is much marital assets

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Because it appears that his wife is filing for divorce in NY.

So basically I moved from ny to georgia. My wife wanted to get married in ny close to her family so we went to her home town and were married there. The marriage license which by the way she took when she left me is issued in ny. I am in Georgia with no plans to go back to ny.

VeronicaLodge said:

wait why would ny have jurisdiction? he lived there 4 years ago and the wedding ceremony took place there, but looks like they (at least he) has lived in GA for 4 years and since the marriage and are there now. why does ny have jurisdiction?

they have only been married 8 months, doubt there is much marital assets

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The wife is living in NY. If she meets residency requirements, then NY has jurisdiction over him because he did live there and he was MARRIED there hence he availed himself of the laws of NY.

oh i thought she was living with him since the marriage occurred. sorry