Re: Wife split!

[Boethius]

Not all states are community property states.  However, most Canadian jurisdictions recognize community property, referred to here as "matrimonial property", and most of those laws were originally formatted on California's property laws following a Supreme Court decision which (Murdoch v Murdoch) in which an wife, who had worked decades with her husband building a farm, received nothing when she finally left her abusive spouse.  In fact, many Canadian jurisdictions now go farther even than California, by recognizing common law relationships not only on relationship breakdown, but also on death.

The basic concept is that everything, other than inheritances, is split 50/50, and then you move backward to take property out of the equation.  The issue with most assets is usually proving a value, or that the asset was taken into the marriage.  That would not be particularly difficult for a marriage of 4 years.

On the intermingling, or co-mingling of assets, the issue is being able to demonstrate that a particular asset existed before the date of marriage.  The longer parties are together, and hold joint bank accounts together, the more difficult it is to establish that the assets belong primarily to one party. 

While I certainly agree that if matrimonial property division becomes an issue, a lawyer should be consulted, there are certain rules of thumb that can be considered, and that was my point, as well as Ken's. 

Personally, were I in this situation, I would probably be looking at whether I could seek an annulment of the marriage on the basis of fraud.

ETA - Even with an annulment, I would just drop the whole green card issue.  It will eat more time, money, and emotion than it is worth.

[Misha]

BUT anyone that talks about RW like they are factory manufactured clones (without individuality) is an idiot.

I will second that!

[Simoni]

The basic concept is that everything, other than inheritances, is split 50/50, and then you move backward to take property out of the equation.  The issue with most assets is usually proving a value, or that the asset was taken into the marriage.  That would not be particularly difficult for a marriage of 4 years.

This is questionable information for at least one US state.  Air, you had better check with a lawyer in your state, and not take internet legal advice, as you move forward.

[Daveman]

I will second that!

and I will see your

BUT anyone that talks about RW like they are factory manufactured clones (without individuality) is an idiot.

and raise you

Just for the record, to judge all RW by the actions of this one is retarded.

 


Air, I'm also sorry to hear about this madness. good grief what a kick in the teeth.  

[KenC]

This is incorrect information for at least one US state.  Air, you had better check with a lawyer in your state, and not take internet legal advice, as you move forward.

Simoni,
The technicalities of the law hardly matter in this case because it would be hopeless to litigate in actuality.  What Boethius is trying to get to is a rationalization for Air to justify (or not) future actions to get some of the money returned.  it is an abstract yet common sense point of view as I see it.
KenC
(Correct me if I am wrong, Boethius)

[UTRO]

Boethius, I don't know what jurisdiction you live in Canada. But, it is clearly stated in Canadian Family Law that All joint Assets are to be split 50/50 upon breakdown of a Martial or Common Law Relationship. Just because you have a Business, House, Bank Account, Vehicle or Stamp Collection in your name doesn't mean that it isn't a Joint Asset. It is on Separation Day. The one exception might be an inheritance and even that becomes pretty cloudy as any relationship ages. Whatever you bring into a relationship quickly becomes hers and visa versa, in the eye of the Courts.

[UTRO]

Ambach, if all Rusian Women are the living and breathing equivalent of Satan, why in hell are you still Searching for one?!?

[Misha]

Ambach, if all Rusian Women are the living and breathing equivalent of Satan, why in hell are you still Searching for one?!?

I asked him the same question yesterday. It seems that he has moved on to Bulgaria

[Lily]

a Martial .... Relationship

 :P0
Freudian slip

I figured a relationship using the lance of Mars

[UTRO]

:P0
Freudian slip

I figured a relationship using the lance of Mars

lol! Well, maybe......... 

[Lily]

Tell her you have a Russian friend in the US who is helping you find a brigade (important, because criminals are more likely to help another Russian than a foreigner).  If you want to see any of your cash back, you will have to negotiate (the reason I suggest you ask for half).  You can tell her if she doesn't give half back, you will have your Russian friend let the brigade know she has half a million dollars stolen from you.  Tell her you've already written off the cash.  You want it back for your children, but if she is going to refuse, you'd prefer criminals, rather than her, to have it.  Unless your wife is part of the criminal underworld, this will put her at risk for shakedowns by criminals, especially if she lives in a smaller center.  Harsh?  Yes.  But you should think of your children. 
 

I wouldn't advise making any warnings like that unless air indeed has a ready promise from a brigadier to do this in real. If that woman has some brains, she understands that such promises are just to scare her.

[kievstar]

People who issue verbal threats rarely carry them out and really come across as weak.  If someone was serious, there is no threat just action.

[ambach123]

Ronald Regan knew how to deal with the Russians. " You deal with them with strength not weakness "; those were his words not mine. They are not Satans, they have certain national characterstics that abhor weakness.  They will take advantage of a person's weakness. This is ingrained in them, nationally and individually. They understand the language of strength extremely well. Why do you think in almost every profile, they ask for a " strong " man. A prerequisite of being strong is that you know how to protect yourself and your assets, as a person or as a country. They have a lot of respect for such a man.

We are very good in protecting our country, we are not good in protecting our property. (Bernie Medoff took in 50 billion from people lining up to give him the money) Here she took $200,000 because the OP could not waite to give her; she did not call him stupid for nothing.

Ronad Reagan took the time to understand the Russians and acted appropriately; these people here never even take the time to understand them, even after they have been cleaned out.

[Simoni]

Simoni,
The technicalities of the law hardly matter in this case because it would be hopeless to litigate in actuality. 

I agree, Ken.  My original point was that she would get her share of their joint money anyway, so forget about returning the entire amount taken.  So in actuality, he's likely better just moving on, considering litigation is expensive and heart wrenching.

[KenC]

Ronald Regan knew how to deal with the Russians. " You deal with them with strength not weakness "; those were his words not mine. They are not Satans, they have certain national characterstics that abhor weakness.  They will take advantage of a person's weakness. This is ingrained in them, nationally and individually. They understand the language of strength extremely well. Why do you think in almost every profile, they ask for a " strong " man. A prerequisite of being strong is that you know how to protect yourself and your assets, as a person or as a country. They have a lot of respect for such a man.

We are very good in protecting our country, we are not good in protecting our property. (Bernie Medoff took in 50 billion from people lining up to give him the money) Here she took $200,000 because the OP could not waite to give her; she did not call him stupid for nothing.

Ronad Reagan took the time to understand the Russians and acted appropriately; these people here never even take the time to understand them, even after they have been cleaned out.

Ambach,
Your over generalizations are comical, your conclusions are a joke and anyone who thinks all RW are alike, is retarded.
KenC

[Simoni]

Boethius, I don't know what jurisdiction you live in Canada. But, it is clearly stated in Canadian Family Law that All joint Assets are to be split 50/50 upon breakdown of a Marital or Common Law Relationship. Just because you have a Business, House, Bank Account, Vehicle or Stamp Collection in your name doesn't mean that it isn't a Joint Asset. It is on Separation Day. The one exception might be an inheritance and even that becomes pretty cloudy as any relationship ages. Whatever you bring into a relationship quickly becomes hers and visa versa, in the eye of the Courts.

That was my experience in my state, and was exactly my point...

[BC]

Ronald Regan knew how to deal with the Russians. " You deal with them with strength not weakness "; those were his words not mine.

Ambach,

Regan came no where close to making the wall fall two years + after his (now) famous speech.  

Hype, hype, hype.. and you jump right on the bandwagon to promote some miracle system that clears all RW related woes.

You should maybe write a book.. at least your hype will be contained.

[Maxx2]

Air's wife is not a nice Russian woman. She's a scheming criminal and needs to be dealt with differently. I would have her investigated both here and there. Find out what the options are and make no threats in the meantime. Keep the divorce or annulment as a separate issue. Then deal with her and her boyfriend all in a legal manner. Through legal means she took his money. Legally he might get some of it back (by involving the authorities) or deny her her prize. He should at least find out.  

Ambach, gives some sound advice about protecting one's assets from a Russian wife. I will add that one cannot protect all of one's assets. There needs to be some comingling of finances to prove a bona fide marriage to the USCIS. Air made a mistake with a  $60,000 credit card limit, access to the business checking account, and a joint account with six figures. He should have blocked access to the business account and limited the amounts of the others. Of course a Russian wife should have the money they earn and their share of marital assets. But they should not given access to money that is not theirs or given a ridiculously high credit card limit. 


Maxx    

[BC]

Ambach, gives some sound advice about protecting one's assets from a Russian wife.

Other than the GC issues, how is a Russian wife any different from an American wife? - she has her GC already so no issue and might be a citizen anyway in a few years.

Lets say Air's wife was an AW that did the same thing.. What if any difference is there?

Did she break any laws?

[ambach123]

The difference is that AW is within the reach of American law. She can be brought before the court of law. RW is in Russia, American courts cannot touch her, she knows that very well, and OP should have known that as well.

Protecting your assets from any W, be it RW or AW, is rudimentary, it takes on an added dimension with RW, precisely because of this, that she can return home, cleaning out the man, and there is nothing much the man or the law can do.

As we see in this example, most AM are clueless, until after the fact.

[BC]

The difference is that AW is within the reach of American law. She can be brought before the court of law. RW is in Russia, American courts cannot touch her, she knows that very well, and OP should have known that as well.

Only if she stays there, just as it would be if an AW went to Mexico, Canada or RU.  No difference.

[Blues Fairy]

This is ingrained in them, nationally and individually.

Using a similar logic I can generalize that all Turks are genocidal maniacs. 

[acrzybear]

As much as it sucks that she took your money I would just write it off since I am sure the divorce would have cost close to what she took. Ok, now that I've done the upstanding gentleman thing, after writing off the money I would be curious as to how the Russian government would feel knowing that one of their citizens had over $200,000.00 USD and yet paid no taxes on it.   I'm sure that would pique some bureaucrats interest in today's tough economic times.

You won't get the money back, but from what I hear the Russian tax collectors are extremely good at making life difficult for people they find are cheating the state.  

[Daveman]

The difference is that AW is within the reach of American law. She can be brought before the court of law. RW is in Russia, American courts cannot touch her, she knows that very well, and OP should have known that as well.

Protecting your assets from any W, be it RW or AW, is rudimentary, it takes on an added dimension with RW, precisely because of this, that she can return home, cleaning out the man, and there is nothing much the man or the law can do.

As we see in this example, most AM are clueless, until after the fact.

Ambach, what you post about protecting assets can be classified as valid and valuable.

However, you should really restrict your broad generalizations by using examples from your *specific* personal experience.  To simply make broad generalizations without a shred of anything substantive is not only ludicrous but adds zero value to this or any thread and serves to only cause those reading to a) scoff at anything you post, and automatically write it off as drivel b) wonder what planet you are broadcasting from c) be curious as to why someone would make such negative, all inclusive claims, and related to that is d) wonder why in the world you are looking at the FSU in search of a partner when you seem to never have a single positive comment about FSUW.

Might I suggest that you begin a new thread and detail more of your first hand experience which will give readers of your posts a point of reference through which to comprehend your claims.

If you are not willing to take that route, then you should curtail your comments in any area where you are not willing to provide a reference from your personal experience. 

[Doll]

What are you talking, guys? What investigation? Come on- it was a joint account and any of the holders could withdraw the money.
There are thousands and thousands cases like this one in AA families. Just 3 months ago the wife of my husband's co-worker withdrew 460.00 from their joint account and filed for the divorce right after that. It is not nice but legal.
Like I for instance can do it tomorrow morning and no bank people will dare to let my husband know. He can do same. Any spouse can do it. It is 100% legal.
So what are you talking about?
Also GC is not the subject to be withdrawn under these circumstances.
It is unconditional.
What's the use to change the locks? To keep her skirts?
  One more thing- I am very sorry our country mate did it. It is a shame. I don't think it is something Russian- she is just not a decent person.