Istri's asset grab & looming divorce

[Stewing888]

Can anyone shed light on a particularly difficult marriage and asset division I am facing?

I was courting my wife for about 2 years before we got married in Jan this year without any pre nup. I did convert in order to legalise the marriage and hold a 1yr KITAS.

Abour a month prior to the marriage I fully paid for a property, that I renovated and turned into rental units. I can proove that the financing came from overseas directly to her account to facilitate the purchase.

My wife's daughter's name was used as a "front" for the purchase because of potential mortgage restrictions (length of a mortgage would be 5 years max) that would have been placed on me or my wife for a mortgage loan. Unfortunately we never got to the refinancing stage.

The marriage has now deteriorated in the last 3 months, as i suspected and discovered she has lied about income and expenses on the current building, essentially stealing from US. While demanding that I pay for another purchase of property that would again be turned into a rental unit.

An argument ensued and she has left the home as I stood my ground, asking for any legal recognition of my rights and her to acknowledge that I purchased the property.

She now wants to take the rental property and intends to unilaterally file for a divorce, despite the fact that I approached her about reconciliation, which has been flatly ignored.

To my wife it is an asset grab, and she thinks I will back down from seeking any recognition for my purchase.

I have consulted a couple of lawyers, but they seem more interested in easier divorce cases, without such intricacies.

Currently I am being isolated by all of "our" friends and am essentially alone, here fighting a hateful and spiteful wife.

Looking for any strategies to be able to sell the property (if it can be sold), or retain the income rights.

In the interim period that she has left home. I have revised the management of the rental units and managed to stop the bleeding while being able to collect some of the income. Neither of us are working, and the passive income from rental apartments was supposed to finance our future.

I would greatly appreciate any insight and strategies on dealing with this predicament.

 

[fastpitch17]

From things I have learned and the way I understand things, you have nothing. Nothing in your name and nothing to show you paid for anything and that probably wouldn't matter if you did.

I think I would cut my losses before she comes after you for some kind of support payments. The apartments are hers I'm afraid. Not what you want to hear but reality here is, a native is going to win out over an Expat 99.9% of the time and the natives know that and know how to use the system.

 

[Smallworld]

Abour a month prior to the marriage I fully paid for a property,

I don't understand ....how could you buy property in Indonesia prior to your marriage?

As for selling your property you would have to have documents with your name on it in the first place. You haven't mentioned you have any. Do you have any legal documents? Do you have any agreements about the money transfer?

 

[jstar]

As far as I understand, he provided the money and she bought the house before they got married. So she took the real estate into the marriage, officially solely her property.

Now here have been cases in court in which the expat even got the property. (I guess he sold it within a year.) So I would not be too negative, but competent legal aid is key of course.

I guess there was a registered marriage at the KUA (with buku nikah)?

Normally you would say a Muslim divorce is handled by the Islamic Court. But, even if this is a Muslim marriage, the Pengadilan Negeri (Civil Court) should judge it since there is ownership of real estate property involved and even inheritance/succession (with children). The necessity to avoid the Pengadilan Agama (Islamic Court) could be somewhat inconvenient. (Cf. rules on splitting shared businesses, properties and custody.) To be explored further by lawyers of course.

 

[Stewing888]

don't understand ....how could you buy property in Indonesia prior to your marriage?

Do you have any legal documents? Do you have any agreements about the money transfer?

I was too trusting, naïve, stupid.... and TT'ed the cash from my overseas account to my wife's account so we could secure the winning bid at Lelang. No loan agree mentioned and the title is under my daughter in law's name.

We also own another property, the marital home, and the title is under my Istri's name.

I do have the original documents from both properties... But can't imagine that they will do me any good, until I can get my Istri to sign a Beli Dijual, as my daughter in law has executed a transfer deed to my wife for the rental units.

Your thoughts would be appreciated

 

[Stewing888]

Jstar

You are correct about my initial purchase. And I do hold both marriage books, which I understand my give her a whole different set of problems.

What is my best way to avoidthe Pengadilan Agama (Islamic Court)

I am happy to throw any spanners into the works in hopes she will start to be fair and reasonable.

Your thoughts would be appreciated

Regards

 

[Smallworld]

As far as I understand, he provided the money and she bought the house before they got married. So she took the real estate into the marriage, officially solely her property.

Now here have been cases in court in which the expat even got the property. (I guess he sold it within a year.) So I would not be too negative, but competent legal aid is key of course.

I hope stewing will find someone competent and cheap enough to take his case to the court. I didn't wanted to sound negative or anything like that.

 

[fastpitch17]

It just doesn't sound like you have claim to anything since your name is nowhere to be found. The money you transferred can easily be regarded as a gift since it went to your wife who in turn placed the property under someone else's name.

Let's take a little poll. How many readers have seen these things come out good for the Expat in the last however many years you have been on Indonesian forums? Like, Hey, we worked it out, all is good.
Me, none in 5 years. That is just being realistic.

 

[Stewing888]

Fast pitch,

Reality certainly does bite, so if the cards are stacked against me, I am happy enough to drag it out and put as many obstacles as possible.

I don't see much point in hurrying this matter.

Have you ever seen any strategies to avoid the Islamic courts?

Any suggestions are better than what I am currently looking at.

As always any thoughts are appreciated

 

[Smallworld]

....and TT'ed the cash from my overseas account to my wife's account so we could secure the winning bid at Lelang. No loan agree mentioned and the title is under my daughter in law's name.

We also own another property, the marital home, and the title is under my Istri's name.

I do have the original documents from both properties... But can't imagine that they will do me any good, until I can get my Istri to sign a Beli Dijual, as my daughter in law has executed a transfer deed to my wife for the rental units.

Your thoughts would be appreciated

Udang-udang no 1 1975 chapter VII art. 35

Property brought into the marriage by the husband and the wife respectively and property acquired by either of them as a gift or inheritance shall remain under their respective control unless otherwise decided between parties.

Art. 36 (2)
Husband and wife shall have full right of disposal of the property brought by them into the marriage respectively.

 

[jukung11]

If you can prove the fraud or theft, this is prosecutable even against spouses in Indonesia. I have read about spouses being prosecuted for many kinds of crimes.

Be careful in a divorce too. Iirc, Indonesia has strict defamation laws. I vaguely remember a case a few years ago were a husband hacked his wife's Facebook account and proved she knowingly was spreading false rumors of infidelity. I believe she did 6 months, but this is all just memory.

I am going to repost this thread Everytime some asks about getting married and shits all over my advice to get a prenup (although I don't know how much it would actually help you for the property under Indonesia law)

 

[Stewing888]

Jukung,

Certainly warning off any expat about marrying a local lady before full and extensive due diligence, a pre nup and accounting ledger, would be word to the wise.... that I wish I had before this fiasco of a Marriage.

I am collating all past correspondence about the investment property, and if I were back in Blighty, I would be confident the CPS would have more than enough to put a charge together.

Unfortunately this is Indonesia, where xenophobia seems to be more relevant than truth and justice.

Thanks for your thoughts, they are appreciated, and if nothing else I can sleep better thinking she may go to the Lapas for fraud and theft.

 

[Stewing888]

Small world,

Thanks, I shall note and guide any potential counsel that is up for this type of challenge.

Is self representation allowed in this jurisdiction. I am happy to put my case together?

That would certainly delay divorce proceedings.

Your input is welcome, thanks

 

[William King]

Sorry to hear of the case. Really, I think a speedy resolution to this matter would be the smart thing to do, not delaying it. There's all sorts of traps ahead if you do not.

 

[El_Goretto]

I am going to repost this thread Everytime some asks about getting married and shits all over my advice to get a prenup (although I don't know how much it would actually help you for the property under Indonesia law)

Having a prenup can be an advantage in certain situations, especially when buying and selling properties.

However, in Stewing's situation, having a prenup to separate assets would have done not good. It would still be the same situation if his wife had planned to scam him out of his property all along because all the assets would be under her name and her husband would have no legal claim over them. Or am I missing something?

 

[Davita]

Having a prenup can be an advantage in certain situations, especially when buying and selling properties.

However, in Stewing's situation, having a prenup to separate assets would have done not good. It would still be the same situation if his wife had planned to scam him out of his property all along because all the assets would be under her name and her husband would have no legal claim over them. Or am I missing something?

You are correct Sir. It can be a counterproductive tool when used for abuse such as you describe.
I wrote of one similar case when I met an elderly guy in a bar in Bali who had been similarly scammed...I had to buy him a beer to stop his blubbering.:Cry:

The latest arrangement (discussed in the pre-nup and post-nups thread) might ameliorate that situation somewhat as signing the agreement may only be required when property purchase is contemplated...and the brain is more clear...if you know what I mean...

 

[jstar]

Or it is back in its higher position again?

Anyway, you can put anything you want in a prenup, as long as it's legal. (Who gets the cat, who gets the silverware, ...) So suppose you would mention that a certain property will be sold in case of a divorce -within 6 months or so- and that xx % of the proceeds will go the the foreign spouse (WNA) to cover expenses to resettle etc. etc.? I don't see a problem in that.

 

[Davita]

Or it is back in its higher position again?

Anyway, you can put anything you want in a prenup, as long as it's legal. (Who gets the cat, who gets the silverware, ...) So suppose you would mention that a certain property will be sold in case of a divorce -within 6 months or so- and that xx % of the proceeds will go the the foreign spouse (WNA) to cover expenses to resettle etc. etc.? I don't see a problem in that.

Please read the other thread...
Pre-nups are going to be abrogated...it will be replaced with some other agreements.
We should wait and see but it is to benefit WNI spouses who were previously denied owning HM property unless they had signed a pre-nup....which many had never heard of before they married a foreigner....and then realized they had lost their Constitutional Right to own land in their own country.