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.
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.
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