Legal Question in Real Estate Law in Illinois

wifes rights and tax time

If Husband abandons US citizen wife and runs off to Inida can he sell his property in India...doesn't the wife get half? The couple is still married. Should the wife file as married or single in her taxes since she lives in US and he is in India?


Asked on 12/27/07, 4:58 pm

2 Answers from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Re: wifes rights and tax time

You need to consult an Indian lawyer. You may already be divorced there. You may want to file a divorce petition here.

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Answered on 12/28/07, 12:02 am
Walter Palmer Law Office of Walter Palmer

Re: wifes rights and tax time

The wife would be -entitled- to half the proceeds form the property in India, or any other place. The problem would be in -collecting- it. Countries cooperate better in criminal matters than in civil.

Income Tax Filing Status: Married Filing Separately would probably be best, but the wife needs to see a tax attorney. There might be special things that can be done because abandonment to a foreign country is involved. The tax treaty with India would come into play.

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Answered on 12/27/07, 5:12 pm


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