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Old 06-02-2018, 09:53 AM
Location: Mendocino, CA
858 posts, read 484,741 times
Reputation: 561


Originally Posted by 399083453 View Post
My renters pay for the mortgage on my property. If one of them got divorced, it wouldn't affect me. Not sure why you would pay a lawyer to tell you the same thing.
If Ted's lawyer can discover and prove that Vicky had been funneling marriage assets to Ginn to pay for the property, yes there is potentially a way for Ted to seize that property. I am no lawyer; just pointing out I've heard something like that.
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Old 06-02-2018, 11:50 AM
Location: North State (California)
28,805 posts, read 2,269,710 times
Reputation: 10080
Whos money paid for the house? If Ted paid nothing, why should he get anything? Now if she took his money, he should be bale to prove that.
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Old 06-05-2018, 03:04 AM
536 posts, read 531,552 times
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As the person whose name is apparently on the title, Ginn, as a foreign purchaser, would have had to have either a social security number or ITIN (tax id) in order to be able to purchase the house.

It seems like the payments made by Vicky are either income in the form of rent or a gift. If itís income, Ginn needs to file a US tax return. Even if Ginn and Vicky say itís not rent, the IRS may still view it that way.

If itís a gift, Iím not exactly sure. Vicky, as the gift giver, may possibly have to file a gift return? If sheís been living here in the house in California, she presumably has become tax resident by now.

The NZ courts would be on the lookout for anything designed to defeat the intent of the relationship property laws. And there is a lot of information exchanged now between foreign banks and the IRS. There will be paper trails around most of these transactions. If she made the down-payment, thereíll be an international transfer of funds somehow. Iíd be surprised if the Family Court didnít have the ability to compel her to produce her bank records and US tax returns before issuing any orders on the division of property.
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Old 06-05-2018, 03:33 AM
536 posts, read 531,552 times
Reputation: 946
Rereading your question, I may have misread the locations. Where are the divorce proceedings taking place, NZ or the US? And is Ted an American or a New Zealander?

It doesn’t really change my answer that much, other than the part about NZ courts prob isn’t relevant. Also, there is a gift exclusion of $24,000 a year for a married couple, so if her gift of payment of her brother’s accommodation costs was less than $24,000, she wouldn’t have to file a gift return.
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Old 06-09-2018, 03:54 AM
1,789 posts, read 1,359,121 times
Reputation: 3660
He needs to see his divorce lawyer about this. Its possible he can show that Vicky took a large sum of money and is hiding it or attempting to shield it from the divorce. They judge will count this against her if it can be proven. So while he may not have claim to the property, he may be able to use that to reduce her share of the marital assets.
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Old 06-09-2018, 07:52 AM
7,618 posts, read 17,745,407 times
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If someone from New Zealand has a Californian house in his name and does NOT rent it out, does he need to report this to the government? (IRS)

If there is no rent, what would he report?
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