Legal Question in Real Estate Law in California

Need Advice.

I reside in California (USA). I am in the process of a divorce, my ex-husband wants me to sign documents reliquishing my rights on the property in Banglore as well as in Goa, before we sign our divorce decree here in the USA. At this point I am very confused as I do not want to jeopardize my situation by doing such a thing. He states that if we do the transfer of property after the divorce is finalised here (in the USA) he will have to incur more expenditure in order to transfer the properties in his name.

I am getting a share (cash settlement)of the property in my settlement. I would like to know what the procedure is to transfer the properties in his name and if it really makes a monetary difference (tax or stamp duty) if the transfers are done after the divorce in the USA.

Any feedback will be highly appreciated. Thanks in advance.


Asked on 3/13/09, 2:44 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Need Advice.

I am not a divorce attorney, but I fail to see the economic difference as to when the property is transferred [probably done by filing a quit claim deed]. Of course, the law of those two countries may be different than ours. Have hlm write down in detail what the difference is in his opinion; he probably can not come up with anything.

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Answered on 3/13/09, 3:06 am
David Gibbs The Gibbs Law Firm, APC

Re: Need Advice.

I wouldn't even know where to begin with this. It really isn't a real estate question, because you are dealing with transfers of properties outside of the US, so nobody on these boards can help you. You would need to consult with attorneys in Bang[a]lore (spelling?) and Goa to determine if there is an economic impact as to when the properties are transferred. There could well be, but only someone who knows the laws of India (I assume you meant Bangalore, India) can tell you. As for propriety of transfering property prior to fully settling your divorce, I am not a family law attorney, but I can tell you I would not do anything until everything is fully settled, and documented so you have recourse if he doesn't do what he has promised. If you transfer those properties and he fails to complete the rest of the settlement, you will have much less leverage to get him to perform than you do now. Consult with your Family Law Attorney right away, and if you are trying to handle a divorce involving properties in multiple countries without an attorney, you need to go hire someone today - failing to have adequate representation will guarantee that you get a bad deal.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/13/09, 4:39 pm


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