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CAMom · Jan 15, 2012, 05:02 PM

Hello All,

My husband and I are in a process of getting divorced. I am in CA and he is in a different state. I initiated the process and therefore CA court is handling this. My question is about the property we both own in India. It is in both our names - how do I file for a 50% share here in US?

Also, does anyone know of an attorney who specializes in cases like these?

Thanks for your help in advance.

cdad · Jan 15, 2012, 06:42 PM

It should be covered in your divorce under the community property laws. In your paperwork (decleration) you would claim it as property belonging to you (community). Then its up to the judge to decide if you can't agree on how the property is split.

CAMom · Jan 16, 2012, 10:58 AM

Hi CalifDadOf3,

Thank you for the response. Do you know of any Indian attorney in CA or an attorney who has experience in handeling such cases? My case is a little complicated because of the international property and both parties residing in different states in US. I would like to get an opinion from them too. It would be a great help if you could help in case you are aware of any such attorney's.

Regards.

cdad · Jan 16, 2012, 04:30 PM

Originally Posted by CAMom

Hi CalifDadOf3,

Thank you for the response. Do you know of any Indian attorney in CA or an attorney who has experience in handeling such cases? My case is a little complicated because of the international property and both parties residing in different states in US. I would like to get an opinion from them too. It would be a great help if you could help incase you are aware of any such attorney's.

Regards.

Im not aware of any specifically and here at AMHD we aren't allowed to recommend any one attorney. But what you can do is call your local California Bar Association and they will be happy to make some recommendations. Then you can start the interview process to find one your comfortable with.

AK lawyer · Jan 16, 2012, 05:23 PM

Originally Posted by CAMom

...
Also, does anyone know of an attorney who specializes in cases like these?
...

An attorney who "specializes" in divorces between California residents and non-resident involving property located in India? I suspect that an attorney trying to make a go of it in such a narrow niche would starve.

I question whether a California court, in the context of a divorce between a Californian and a non-resident can adjudicate title to land in a foreign country. However it might be possible to order him to convey an interest in the property to you; if the court has personal jurisdiction over him.