Marital Assets Marital Property Marital Estate

Question: i need tax advice on a real estate transaction between my ex and me it was suppose to be an exchange of assets i really need legal help on this. in the divorce 2002 i got a piece of property. by may of 2004 my ex had ruined my income on that property and put me in a position to sell it back to him. i agreed after stating that the only way i would was an exchange of prior marital assets so that i did not have to pay taxes on the gains of the sale. i gave my brother power of attorney to close the deal for me because i was out of the USA. somehow my ex screwed me and his attorney 1099ed me to the tune of over $100,000 to pay taxes on...to the feds and the state i owe almost $25,000.00 I don't have the money and my acct says she sees no way that i don't owe this. i'm not faulting her. is there anything that i can do legally about this...i am just so tired of trying so hard to do the right thing and then getting screwed any way...my ex was always stiffing the government when he really owed them..and this is one more thing he pulled on me and is laughing about. forgive me i feel sorry for myself

Answer: First of all there is not enough space in this type of forum to provide all of the information that would be required to give you a good answer. But let me try by making a few assumptions. It appears that the property was your separate property by the time that you sold it. It also appears that this was not a home that you had lived in at any time. That being the case, where did this $100,000 come from and did you ever see any of that money directly or as paid debt. People send the IRS 1099s all the time for things they want to deduct as a business expenses but they are not always legitimate. The IRS still sends a request for tax due to the people who reportedly got that money. Frequently all that is required is a letter to the IRS showing that the 1099 is incorrect and the deduction that the issuer should be denied. That may be the best approach to this problem but one would need a great deal more facts. By the way does your ex have any money to go after? I am not a lawyer but the one you will need to fix this will want to know that.

Question: What kind of lawyer do I need? There's 2 properties, one worth $280k & the other worth $75k. The properties & my ex husband are in Alaska, I'm in Colorado with a disability, making it impossible for me to travel there & take care of things myself. They are in his name only. I do not have any knowledge of real-estate or property laws & I have been severely screwed over by my ex, his shyster lawyer & the divorce trial Judge already. I trust no one in the so-called "justice" system anymore. My ex is supposed to sell the properties (that are considered marital assets) & he gets to pay off any & all of HIS debt with the proceeds, then whatever is left over, he is to give me 60%. But nothing is selling & he keeps adding all he wants to this so called debt. He now claims it is $85k & he has recently implied that I'm liable for half of it. Which I'm not. But he's got a lawyer & judge in his back pocket & will do whatever it takes to screw me over yet again. Well, he just made me an offer to settle, but I don't like it, at all. Its sneaky & deceitful, just like him. So, do I need a lawyer? What kind of lawyer should I get, a property lawyer or divorce lawyer, or something else? & which state should I look for one, Colorado or Alaska? I do not have any money to hire a great lawyer, not that I know how to find one anyways, & I know that lots of lawyers offer free consults, but will this be enough to get the legal advice I need? How do I find the right lawyer? We have no children together & were married 21 years. My name is not on the properties, because he bought them as part of his business while we were married. Any suggestions would be helpful. Thank you!

Answer: You have already been to court? (divorce trial judge seen). Did you not have a lawyer? You need a Divorce lawyer who will also work out all the details of the assets and debts. The first visit is usually free. If you know someone who was happy with their divorce lawyer, use their person. You can see several lawyers for that first free visit, and decide who you prefer. Ask first if the first visit is free. Good luck.

Question: Wife's Property in Islam v Christianity and Judaism? The Jewish tradition regarding the husband’s role towards his wife stems from the conception that he owns her as he owns his slave. This conception has been the reason behind the double standard in the laws of adultery and behind the husband’s ability to annul his wife’s vows. This conception has also been responsible for denying the wife any control over her property or her earnings. As soon as a Jewish woman got married, she completely lost any control over her property and earnings to her husband. Jewish Rabbis asserted the husband’s right to his wife’s property as a corollary of his possession of her: “Since one has come into the possession of the woman does it not follow that he should come into the possession of her property too?”, and “Since he has acquired the woman should he not acquire also her property?” Thus, marriage caused the richest woman to become practically penniless. The Talmud describes the financial situation of a wife as follows: “How can a woman have anything; whatever is hers belongs to her husband? What is his is his and what is hers is also his... Her earnings and what she may find in the streets are also his. The household articles, even the crumbs of bread on the table, are his. Should she invite a guest to her house and feed him, she would be stealing from her husband...” (San. 71a, Git. 62a) The fact of the matter is that the property of a Jewish female was meant to attract suitors. A Jewish family would assign their daughter a share of her father’s estate to be used as a dowry in case of marriage. It was this dowry that made Jewish daughters an unwelcome burden to their fathers. The father had to raise his daughter for years and then prepare for her marriage by providing a large dowry. Thus, a girl in a Jewish family was a liability and no asset[21]. This liability explains why the birth of a daughter was not celebrated with joy in the old Jewish society (see the “Shameful Daughters” section). The dowry was the wedding gift presented to the groom under terms of tenancy. The husband would act as the practical owner of the dowry but he could not sell it. The bride would lose any control over the dowry at the moment of marriage. Moreover, she was expected to work after marriage and all her earnings had to go to her husband in return for her maintenance which was his obligation. She could regain her property only in two cases: divorce or her husband’s death. Should she die first, he would inherit her property. In the case of the husband’s death, the wife could regain her pre-marital property but she was not entitled to inherit any share in her deceased husband’s own property. It has to be added that the groom also had to present a marriage gift to his bride, yet again he was the practical owner of this gift as long as they were married. Christianity, until recently, has followed the same Jewish tradition. Both religious and civil authorities in the Christian Roman Empire (after Constantine) required a property agreement as a condition for recognizing the marriage. Families offered their daughters increasing dowries and, as a result, men tended to marry earlier while families postponed their daughters’ marriages until later than had been customary. Under Canon law, a wife was entitled to restitution of her dowry if the marriage was annulled unless she was guilty of adultery. In this case, she forfeited her right to the dowry which remained in her husband’s hands. Under Canon and civil law a married woman in Christian Europe and America had lost her property rights until late nineteenth and early twentieth centuries. For example, women’s rights under English law were compiled and published in 1632. These ‘rights’ included: “That which the husband hath is his own. That which the wife hath is the husband’s.” The wife not only lost her property upon marriage, she lost her personality as well. No act of her was of legal value. Her husband could repudiate any sale or gift made by her as being of no binding legal value. The person with whom she had any contract was held as a criminal for participating in a fraud. Moreover, she could not sue or be sued in her own name, nor could she sue her own husband. A married woman was practically treated as an infant in the eyes of the law. The wife simply belonged to her husband and therefore she lost her property, her legal personality, and her family name. Islam, since the seventh century C.E., has granted married women the independent personality which the Judaeo-Christian West had deprived them until very recently. In Islam, the bride and her family are under no obligation whatsoever to present a gift to the groom. The girl in a Muslim family is no liability. A woman is so dignified by Islam that she does not need to present gifts in order to attract potential husbands. It is the groom who must present the bride with a marriage gift. This gift is considered her property and neither the groom nor the bride’s family have any share in or control over it. In some Muslim societies today, a marriage gift of a hundred thousand dollars in diamonds is not unusual. The bride retains her marriage gifts even if she is later divorced. The husband is not allowed any share in his wife’s property except what she offers him with her free consent. The Qur’an has stated its position on this issue quite clearly: “And give the women (on marriage) their dower as a free gift; but if they, Of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer.”(4:4) The wife’s property and earnings are under her full control and for her use alone since her, and the children’s, maintenance is her husband’s responsibility. No matter how rich the wife might be, she is not obliged to act as a co-provider for the family unless she herself voluntarily chooses to do so. Spouses do inherit from one another. Moreover, a married woman in Islam retains her independent legal personality and her family na. An American judge once commented on the rights of Muslim women saying: “ A Muslim girl may marry ten times, but her individuality is not absorbed by that of her various husbands. She is a solar planet with a name and legal personality of her own.” The three religions share an unshakeable belief in the importance of marriage and family life. They also agree on the leadership of the husband over the family. Nevertheless, blatant differences do exist among the three religions with respect to the limits of this leadership. The Judaeo-Christian tradition, unlike Islam, virtually extends the leadership of the husband into ownership of his wife.

Answer: Shukran for the information, brother

Question: Wife's Property Jewish, christian and Muslim? The Jewish tradition regarding the husband’s role towards his wife stems from the conception that he owns her as he owns his slave. This conception has been the reason behind the double standard in the laws of adultery and behind the husband’s ability to annul his wife’s vows. This conception has also been responsible for denying the wife any control over her property or her earnings. As soon as a Jewish woman got married, she completely lost any control over her property and earnings to her husband. Jewish Rabbis asserted the husband’s right to his wife’s property as a corollary of his possession of her: “Since one has come into the possession of the woman does it not follow that he should come into the possession of her property too?”, and “Since he has acquired the woman should he not acquire also her property?” Thus, marriage caused the richest woman to become practically penniless. The Talmud describes the financial situation of a wife as follows: “How can a woman have anything; whatever is hers belongs to her husband? What is his is his and what is hers is also his... Her earnings and what she may find in the streets are also his. The household articles, even the crumbs of bread on the table, are his. Should she invite a guest to her house and feed him, she would be stealing from her husband...” (San. 71a, Git. 62a) The fact of the matter is that the property of a Jewish female was meant to attract suitors. A Jewish family would assign their daughter a share of her father’s estate to be used as a dowry in case of marriage. It was this dowry that made Jewish daughters an unwelcome burden to their fathers. The father had to raise his daughter for years and then prepare for her marriage by providing a large dowry. Thus, a girl in a Jewish family was a liability and no asset. This liability explains why the birth of a daughter was not celebrated with joy in the old Jewish society (see the “Shameful Daughters” section). The dowry was the wedding gift presented to the groom under terms of tenancy. The husband would act as the practical owner of the dowry but he could not sell it. The bride would lose any control over the dowry at the moment of marriage. Moreover, she was expected to work after marriage and all her earnings had to go to her husband in return for her maintenance which was his obligation. She could regain her property only in two cases: divorce or her husband’s death. Should she die first, he would inherit her property. In the case of the husband’s death, the wife could regain her pre-marital property but she was not entitled to inherit any share in her deceased husband’s own property. It has to be added that the groom also had to present a marriage gift to his bride, yet again he was the practical owner of this gift as long as they were married. Christianity, until recently, has followed the same Jewish tradition. Both religious and civil authorities in the Christian Roman Empire (after Constantine) required a property agreement as a condition for recognizing the marriage. Families offered their daughters increasing dowries and, as a result, men tended to marry earlier while families postponed their daughters’ marriages until later than had been customary. Under Canon law, a wife was entitled to restitution of her dowry if the marriage was annulled unless she was guilty of adultery. In this case, she forfeited her right to the dowry which remained in her husband’s hands[24]. Under Canon and civil law a married woman in Christian Europe and America had lost her property rights until late nineteenth and early twentieth centuries. For example, women’s rights under English law were compiled and published in 1632. These ‘rights’ included: “That which the husband hath is his own. That which the wife hath is the husband’s.” The wife not only lost her property upon marriage, she lost her personality as well. No act of her was of legal value. Her husband could repudiate any sale or gift made by her as being of no binding legal value. The person with whom she had any contract was held as a criminal for participating in a fraud. Moreover, she could not sue or be sued in her own name, nor could she sue her own husband. A married woman was practically treated as an infant in the eyes of the law. The wife simply belonged to her husband and therefore she lost her property, her legal personality, and her family name. Islam, since the seventh century C.E., has granted married women the independent personality which the Judaeo-Christian West had deprived them until very recently. In Islam, the bride and her family are under no obligation whatsoever to present a gift to the groom. The girl in a Muslim family is no liability. A woman is so dignified by Islam that she does not need to present gifts in order to attract potential husbands. It is the groom who must present the bride with a marriage gift. This gift is considered her property and neither the groom nor the bride’s family have any share in or control over it. In some Muslim societies today, a marriage gift of a hundred thousand dollars in diamonds is not unusual. The bride retains her marriage gifts even if she is later divorced. The husband is not allowed any share in his wife’s property except what she offers him with her free consent. The Qur’an has stated its position on this issue quite clearly: “And give the women (on marriage) their dower as a free gift; but if they, Of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer.”(4:4) The wife’s property and earnings are under her full control and for her use alone since her, and the children’s, maintenance is her husband’s responsibility. No matter how rich the wife might be, she is not obliged to act as a co-provider for the family unless she herself voluntarily chooses to do so. Spouses do inherit from one another. Moreover, a married woman in Islam retains her independent legal personality and her family name. An American judge once commented on the rights of Muslim women saying: “ A Muslim girl may marry ten times, but her individuality is not absorbed by that of her various husbands. She is a solar planet with a name and legal personality of her own.” The three religions share an unshakeable belief in the importance of marriage and family life. They also agree on the leadership of the husband over the family. Nevertheless, blatant differences do exist among the three religions with respect to the limits of this leadership. The Judaeo-Christian tradition, unlike Islam, virtually extends the leadership of the husband into ownership of his wife.

Answer: Salam Alykom Brother, God bless you for trying to point out the differences. I only hope that others will open their minds and learn a little andnot meet your posts with such negativity. Salam To the person below me - I am a MODERN AMERICAN, I just don't dress in modern fashion that shows more skin then it covers. We are not in the stone age, we only follow our religion truthfully, where others choose what parts they wish to follow. The bible says for women to cover, but so few Christians do. "Now I want you to realize that the head of every man is Christ, and the head of the woman is man, and the head of Christ is God. Every man who prays or prophesies with his head covered dishonors his head. And every woman who prays or prophesies with her head uncovered dishonors her head...If a woman does not cover her head, she should have her hair cut off; and if it is a disgrace for a woman to have her hair cut or shaved off, she should cover her head" 1 Corrinthians 11:3-6 "I also want women to dress modestly, with decency and propriety, not with braided hair or gold or pearls or expensive clothes, but with good deeds, appropriate for women who profess to worship God" 1 Timothy 2:9-10 As for your B.S. ranting about Honor killings, Taking child brides, female circumcision. Yes they are still done, by Muslims, Chrsitians, and Jews. They are DISGUSTING cultural rituals, not religious. As for divorce in Islam, the woman not only leaves the marriage with what she started, but the husband is also responsible to support her, and do so with out having to pay an attorney or having to hope that the judge will take pitty on her. It is a shame, out of all you posted, none of it holds any water. Sounds like you are not stuck in the stone age, but just stuck in pure ignorance.

Question: If I start an investment, should I ask my future spouse to help me pay it off before marriage? I'm in my late late 20s, and have an investment property in real estate. I haven't yet found anyone to marry for certain, but in case I find one, I'm wondering if I should get her to pay the remaining half, or should I just get married, pay it off myself, and settle it as marital property? It seems kind of unfair of having someone else settle onto your property and take half of it in the name of love. You can't trust anyone these days...we've all heard stories of women marrying men with assets, and then running away with their half after a few years (or the whole lot in some cases), leaving the man to feel totally betrayed with nothing left in his hands. I don't want to be in that situation, so I feel like retaining my property in my own name, and once we marry, whatever property we buy together can be declared marital property. What's your advise people?

Answer: NO - don't ask a girlfriend to invest. What if you don't get married? Then you're stuck with her...lol. And what if you fall in love with a woman who has 10 times the assets or income as you? Would you want her to insist you "buy into" half her property before she'll marry you? If you're really that jaded (or are worth a significant amount of money), a pre-nuptial agreement could be implemented prior to the wedding.

Question: How can my b/f get his divorce while incarcerated til March,2007? My b/f is incarcerated til March,2007.He wants a divorce from his wife.They have been seperated since Jan.2005.They have no children,no real estate,no vehicles,no marital property,no savings accounts,no checking accounts,no stocks or bonds,no ins.policies.How can he go about getting his divorce while incarcerated.Our courts nor atty,s here will help him and he is indigent,has no liquid assets.He even wrote to another county to there courts to emplore there help to get his divorce.I wrote to a Pro Bono Atty.online in Toledo,Oh.emploring there help to find him an atty.who can represent him with his divorce while being indigent and no liquid assets.Do you have any suggestions in what he can do or I can do to help get him legal representation while he is incarcerated since he is indigent?

Answer: I think Prisons have free divorce help, he needs to ask. If not, the papers are free on line. With no children, and no assets, he should have no problem filing as a low income person in the state, or one of the counties he is incarcerated in. Just needs to check on the computer for prices in each county.

Question: If I start an investment, should I ask my future spouse to help me pay it off before marriage? I'm in my late late 20s, and have an investment property in real estate. I haven't yet found anyone to marry for certain, but in case I find one, I'm wondering if I should get her to pay the remaining half, or should I just get married, pay it off myself, and settle it as marital property? It seems kind of unfair of having someone else settle onto your property and take half of it in the name of love. You can't trust anyone these days...we've all heard stories of women marrying men with assets, and then running away with their half after a few years (or the whole lot in some cases), leaving the man to feel totally betrayed with nothing left in his hands. I don't want to be in that situation, so I feel like retaining my property in my own name, and once we marry, whatever property we buy together can be declared marital property. What's your advise people? i'm asking this again to see if i can get more advice..it's an important thing after all. i hope you can forgive me lol. I'm American (with origins in India)...don't worry, I aint keen on arranged marriages hehe. Man you people are missing the point. 1. While it is ideal to trust everyone initially, that's not how things go unfortunately (it's like setting up a business and never expecting a loss..yeah right). 2. My problem is this. If I totally pay it off, should I keep it in my name, or under marital property? IF we divorce, then she will take half of my hard work if it comes under marital property. IF I kept it under my name, i wouldn't be at loss. IF I ask her to pay half of it, I would keep it under marital property, and neither of us would be at loss...and it would be an ideal start by sharing everything. But which choice is the best to make? That's my question.

Answer: SMELLS..... LIKE........ TROLL ALERT..... TROLL ALERT......TROLL ALERT. sure.... and maybe you'll find a girl... that has $500,000 of her own debt.... and she is hoping that you pay off half of it... before getting married. gee.... what an engagement gift..... you offer.

Question: If I start an investment, should I ask my future spouse to help me pay it off before marriage? I'm in my late late 20s, and have an investment property in real estate. I haven't yet found anyone to marry for certain, but in case I find one, I'm wondering if I should get her to pay the remaining half, or should I just get married, pay it off myself, and settle it as marital property? It seems kind of unfair of having someone else settle onto your property and take half of it in the name of love. You can't trust anyone these days...we've all heard stories of women marrying men with assets, and then running away with their half after a few years (or the whole lot in some cases), leaving the man to feel totally betrayed with nothing left in his hands. I don't want to be in that situation, so I feel like retaining my property in my own name, and once we marry, whatever property we buy together can be declared marital property. What's your advise people?

Answer: anything you purchase before marriage is yours. anything you brought into the marriage is yours. anything earned, bought and/or paid for during the marriage is community property - meaning it belongs to both of you. pay it off before you marry - or even after, but don't expect your spouse to contribute to something you decided on doing before you even met.