We were married in India but husband did not leagalize marriage in US. Do I have a case?

Asked about 1 year ago - Fresno, CA

We are both US citizens. Husband refuses to legalize the marriage. We have social records, videos, photographs of the marriage and of living together. I dont want to leave him. He has promised I will have the house we live in. But has not made any legal paperwork yet. His ex wife holds power of attorney and is trustee to all his estate. Do i have any rights at all?

Attorney answers (2)

  1. Richard Forrest Gould-Saltman

    Contributor Level 19


    Lawyer agrees

    Answered . When you say that your husband "did not legalize" your marriage in the U.S., exactly what do you mean? Were you validly married in India? Was he not married to anyone else when you got married? Then your marriage is valid in the U.S., even if he hasn't done anything else. If he lives in the U.S., you can go ahead with a dissolution, and to enforce your rights to community property, whether or not he tries to avoid it by transferring authority to his ex-wife. You should speak to an experienced family law attorney and review all the facts.

  2. Eric Jerome Gold


    Contributor Level 19

    Answered . Your statement of facts begs for additional information. Your best bet is to contact a local family law attorney and explore your specific circumstances in detail. Many attorneys offer a free consultation. Good luck.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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