Divorce but assets in her name

Procedures, processes, and the legal basis for divorce in Taiwan, including all related problems and pitfalls, child custody, alimony payments, abandonment, extra-marital affairs, and other complications...
Forum rules
While the moderators are happy to help point people in the right direction for legal assistance and to attempt to keep these forums civil and tidy, please bear in mind that an Internet forum is not the place for providing or receiving legal advice or for the creation of any attorney-client privileges or obligations. Also keep in mind that Forumosa and the moderators cannot conduct comprehensive reviews of all laws or legal concepts referenced or discussed within these forums – laws and regulations are updated and amended, interpretations do change, and sometimes the legal landscape can change very fast. Forumosa provides these legal forums for general informational purposes only. By using these legal forums, you agree that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and any other posters on these forums. DO NOT CONSIDER THE FORUMS TO BE A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A QUALIFIED LICENSED ATTORNEY.

Divorce but assets in her name

Postby TainanTom » 25 Jun 2012, 06:21

I am a Canadian, 3 years on a work visa, who has been married to a Taiwanese for almost a year. We actually have a very nice loving relationship, but she is extremely adamant about a divorce for the sole reason that she just doesn't want to be married and wants to be alone. She's very independent.

The issue is money. Basically, I'm going to leave Taiwan afterwards and need to make sure I won't be screwed and I don't want to screw her. We have a home. Instead of buying a new place, we ended up moving into a place her uncle owns and we spent a lot of money on a big remodel and decorating it. Lots of my money and now it's really nice with expensive furniture, appliances, and electronics. I was under the impression it was a wedding gift, but no name transfer. She has a Mercedes which we bought while engaged. Her name but I paid too. We have a business, both our names are on the rent contract for the space but we don't have a business license. I paid for that with my money but after marriage. We are selling the business now but for peanuts compared to what was paid, we did make money with it. I'm going to leave expensive gifts and personal items out of this, jewelry, watches, etc. Also, we are now living by paycheck because of all this investment in our future but we are living very comfortablely with no problems.

We don't meet any official grounds for a contested divorce. We want to have an easy divorce but money is going to be a problem. She mentioned the house isn't ours and the car is hers. Money earned is probably 60% /40% in her favor but she said she can only offer me maybe 5% of the assets worth. What are my options?
TainanTom
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
 
Posts: 6
ORIGINAL POSTER
Joined: 24 Jun 2012, 23:58

6000

Re: Divorce but assets in her name

Postby Battery9 » 25 Jun 2012, 08:14

OH my word, sounds like a nightmare. I don't have any legal advice, but good luck. And, if she's being this way, start changing your mind about the 'nice loving relationship'. That's not love.

This post was recommended by divea (26 Jun 2012, 14:41)
Rating: 5.88%
Battery9
Presidential Advisor (zǒng tǒng gù wèn)
Presidential Advisor (zǒng tǒng gù wèn)
 
Posts: 3067
Joined: 22 Nov 2004, 18:19
Location: Xindian County
24 Recognized(s)

6000

Re: Divorce but assets in her name

Postby trubadour » 25 Jun 2012, 08:52

find a decent lawyer
sounds like you are about to get royally screwed.


If it were me, I'd insist that everything is sold and everything is split equally..
trubadour
Betelnut Beauty (bīnglang Xī Shī)
Betelnut Beauty (bīnglang Xī Shī)
 
Posts: 1544
Joined: 16 Jan 2008, 12:51
114 Recommends(s)
12 Recognized(s)

6000

Re: Divorce but assets in her name

Postby tomthorne » 25 Jun 2012, 09:02

Isn't the best solution to refuse to agree to a divorce until she signs papers splitting as much as you can 50:50? Even then I'm not sure how much you'll actually get. As suggested, proper legal advice seems to be the first port of call.
tomthorne
National Security Advisor (guójiā ānquán gùwèn)
National Security Advisor (guójiā ānquán gùwèn)
 
Posts: 4562
Joined: 20 Jun 2007, 22:55
Location: NanKan
217 Recommends(s)
178 Recognized(s)

6000

Re: Divorce but assets in her name

Postby Mr He » 25 Jun 2012, 09:29

tomthorne wrote:Isn't the best solution to refuse to agree to a divorce until she signs papers splitting as much as you can 50:50? Even then I'm not sure how much you'll actually get. As suggested, proper legal advice seems to be the first port of call.


Yes. Do not sign anything. Ask for all your money back.
Jeg er hvad jeg er.

Bring Zain back!
Mr He
Bodhisattva (pútísàduǒ)
Bodhisattva (pútísàduǒ)
 
Posts: 9616
Joined: 31 Oct 2000, 17:01
Location: Near the tower of doom
42 Recommends(s)
58 Recognized(s)

6000

Re: Divorce but assets in her name

Postby Feiren » 25 Jun 2012, 12:18

You should own 50% of what was earned through work or your business during marriage.

You need to talk to a lawyer if there is more than say NT$1 million or so involved. Otherwise just don't sign the agreement until you have reached some kind of deal. Make sure you understand what the agreement says and have a lawyer review it.
Feiren
Former City Mayor (qiánrèn shìzhǎng)
Former City Mayor (qiánrèn shìzhǎng)
 
Posts: 4838
Joined: 05 Jan 2002, 17:01
Location: Drum Tower
4 Recommends(s)
186 Recognized(s)

6000

Re: Divorce but assets in her name

Postby El Toro » 25 Jun 2012, 12:21

Battery9 wrote:OH my word, sounds like a nightmare. I don't have any legal advice, but good luck. And, if she's being this way, start changing your mind about the 'nice loving relationship'. That's not love.


Yup!
El Toro
Chair-throwing Legislator (rēng yǐzi de lìfǎ wěiyuán)
Chair-throwing Legislator (rēng yǐzi de lìfǎ wěiyuán)
 
Posts: 324
Joined: 25 Jan 2009, 17:46

6000

Re: Divorce but assets in her name

Postby sandman » 25 Jun 2012, 14:29

Keep those loving thoughts at the forefront of your mind. Because she is aiming to take EVERYTHING. At the very least, make sure you can get your plane ticket and enough cash to get you started when you leave, because you WILL be leaving with nothing but a suitcase, by the sounds of things.
sandman
Manjusri (Wénshū)
 
Posts: 30176
Joined: 04 Jun 2001, 16:01
28 Recommends(s)
196 Recognized(s)

6000

Re: Divorce but assets in her name

Postby Belgian Pie » 25 Jun 2012, 15:31

Don't know your 'wife's' character but don't sign a thing before you get what you want or you're screwed ...
Belgian Pie
Maitreya Buddha (Mílèfó)
 
Posts: 10674
Joined: 31 Oct 2004, 19:39
Location: High ground
1 Recommends(s)
60 Recognized(s)

6000

Re: Divorce but assets in her name

Postby tsukinodeynatsu » 26 Jun 2012, 03:04

Time to see what you can squirrel away and/or sell, I think...

See what you can liquidate and put it in an overseas account. Don't know if you can open Canadian ones from overseas but I know for a fact that you can open Australian ones.

If you don't meet the grounds for a contested divorce, and she wants a divorce, then the power's in your hands really. Talk to an attorney. Refuse to sign until you've got a fair deal out of it - you'll only sign if she gives you however much money. Unfortunately, it sounds like you were being taken for a ride there.

All the best.
tsukinodeynatsu
Mandarin Marvel (Guóyǔ gāoshǒu)
Mandarin Marvel (Guóyǔ gāoshǒu)
 
Posts: 1816
Joined: 10 Jun 2009, 14:40
Location: Tainan
57 Recommends(s)
65 Recognized(s)

6000

Next




 
 
 x

Return to Divorce



Who is online

Forumosans browsing this forum: No Forumosans and 1 visitor

No, it's not OK to come back into the galley to stretch and bend over with your rear end in my face while I'm in my jump seat during my only break, trying to eat a meal.
From "13 Things Your Flight Attendant Won't Tell You"