In gathering petition I-130 documents. I bought a house from a company that doesn't notarize or register selling contracts but just sell with a paper contract but i have copies of money orders for the company from my bank account as payment evidence . The house is still under construction and should be recieved in a year . I donated half of the house to my US wife (in unnotarized or un registered contract as i had to) without money . Can this contract be an evidence as a common property or its not enough legally to prove common property and hence can be taken as a fake evidence or fraud?
You need to have an attorney assist you with this. You are asking questions that are very fact specific and that require more facts than what you have posted. Use Avvo or call the local bar association for a referral.
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I agree with Mr. Reed. Much of what you have said assumes legal basis that isn't true at least in Colorado. For example, this is not a "community property state," it is an "equitable division state." Which means the courts will divide the marital estate equitably or what they consider fair. Generally, an equal division of the marital estate is considered fair unless one of the statutory criteria for a disproportionate distribution is indicated.
Your house was acquired during the marriage, so it is part of your marital estate and subject to division. Who is in title means little for that purpose. The issue is how it should be divided, not whether it should be divided.
Also, evidence is nothing more than a reliable indication of what is true. You already know what is true regarding the house and you must assume your spouse's attorney will also know that and will gather the admissible evidence necessary to support that knowledge.
The bigger question is where the house is located. If it is outside Colorado, Colorado does not have subject matter jurisdiction to divide the house. However, that will not stop a judge from letting you keep the house and giving your spouse something else such as an equalization payment from you to make the division "equitable."
There are many legal issues here that you will need an attorney to help you with.
This sounds as though it is an immigration law question, not a family law question, as you do not seem to be asking what happens to the property if the marriage is terminated. If that is accurate, you should repost the question in an immigration forum, not a family law forum.
www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
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