Asked in Divorce and International Law for Colorado

Q: Living overseas for 11 years. Married in Thailand. Can my wife claim rights to property in Colorado?

Thai law dictates that we split all assets accrued after marriage 50/50. Assets owned prior to marriage are said to be personal property and left out of this calculation. However, I have two houses in Colorado. Can my wife claim access to these properties as well? We are currently living in Thailand.

Related Topics:
1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: Potentially, yes. If you were married when the homes were purchased, they are automatically included in the marital estate in CO. If they were purchased prior to the marriage, the appreciation (and potentially the whole property) would be included in the marital estate. Note, the Thai property division laws do not necessarily control asset divisions in the US or Colorado.

The wrinkle is the international aspect of the impending divorce. A Thai court has no jurisdiction over US or Colorado courts, so either the Thai judgment would need to be transferred to CO or potentially (which may also be easier) a separate divorce petition (restricted to asset divisions) will need to be filed in CO. In other words, unless you can get jointly agree on the divisions, both parties have the potential to litigate in every state were property is located.

Since you have an unique an complex case, it is highly recommended that you contact an attorney to provide specific advice and guidance.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.