Legal Help on Property & rights on 49% ownership

Robert BGarten

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May 19, 2018
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Hello Expats, Please help!!!!
Ive lived in Jakarta 5-6 years and had a great time. I bought some apartments with my Indo wife married in 2011, the property is 51% in hers and 49% mine. I pay 100% off as she doesnt work. i worked in mining before but now own a business in Australia. Relationship is now going to divorse after the 8th year and my Indonesian wife bluntly says she will walk away with our property and child when she files a divorse.
Can someone explain the rights of an Aussie that bought property in Indonesia. And how to legally get my 1/2 hard earned money back so this sneaky woman doesn't walk away with the property.
 
I think in a nutshell, zero. Or it will cost you the same amount in legal fees. Something to do with prenups or something

Be prepared to get nothing and happy if you get something or spend no more
 
What ownership structure do you have? Is it one of those apartments that foreigners are allowed to own?

Basically it boils down to whose name is on the paperwork, whether there was a prenup or not, and where the 51:49 split is recorded.
 
greetings Robert, i am sorry about what happen to you, and i hope you can get trough it okay.
before answering your question may we know the status of your marriage and citizenship?
does your marriage follow Indonesian Marriage Law or Australian one?
 
Hello Expats, Please help!!!!
Ive lived in Jakarta 5-6 years and had a great time. I bought some apartments with my Indo wife married in 2011, the property is 51% in hers and 49% mine. I pay 100% off as she doesnt work. i worked in mining before but now own a business in Australia. Relationship is now going to divorse after the 8th year and my Indonesian wife bluntly says she will walk away with our property and child when she files a divorse.
Can someone explain the rights of an Aussie that bought property in Indonesia. And how to legally get my 1/2 hard earned money back so this sneaky woman doesn't walk away with the property.

Hi Robert and welcome to the forum. You will get some a ideas and advice here but your situation requires a professional divorce lawyer where your divorce will be heard.
If married in Australia you can rely on a fair settlement even tho' the laws of foreigners owning property in Indonesia are difficult to judge.
If married in Indonesia I suggest getting a lawyer who is familiar with mixed-marriage divorces.
You aren't the first to go through this ordeal so hopefully someone has the experience and advice you will need.
I'd also focus on what is the best interest of your child and you will need to be careful he/she isn't used as a bargaining chip.
 
Not having a prenup or postnup would be beneficial in this case. You can claim half or more property on the court.
 
Hi Robert and welcome to the forum. You will get some a ideas and advice here but your situation requires a professional divorce lawyer where your divorce will be heard.
If married in Australia you can rely on a fair settlement even tho' the laws of foreigners owning property in Indonesia are difficult to judge.
If married in Indonesia I suggest getting a lawyer who is familiar with mixed-marriage divorces.
You aren't the first to go through this ordeal so hopefully someone has the experience and advice you will need.
I'd also focus on what is the best interest of your child and you will need to be careful he/she isn't used as a bargaining chip.

Hello Davita,
Thank You for your time. Any help is gratefully appreciate. Yes, I feel that my son has been used to make me go through things that has been threatened to me. Also I feel like a slave that I put every cent into this property thinking of a bright future, when actually she even said you have no rights to it. A slave works for no returns and this is how i feel.
We got married in East Java.
Im new to this forum so any leads of a similar case would be a good start to ask for a Proffesional lawyer.
Kind Regards.
Robert.
 
greetings Robert, i am sorry about what happen to you, and i hope you can get trough it okay.
before answering your question may we know the status of your marriage and citizenship?
does your marriage follow Indonesian Marriage Law or Australian one?


Hello Eric,
Thanks for the response. We got married in Java the Islamic way, we live now in Aus and she is Indonesian citizen with a PR( permanent residence) that I paid for. I am a citizen of Aus.
 
The fact you’re married in Indonesia is not even that important; most countries allow and facilitate divorce when living there and/or having the citizenship. It’s the owned properties in RI that will make it messy and get the Indonesian jurisdiction involved.
 
hey Robert, since you are married under the Indonesian Marriage Law and no marriage contract, you are entitled to half of everything's at the start of the marriage with your wife.
this can be found in Article 35 of Indonesian Marriage Law that stated property that acquired during marriage become shared property,.... and your foreign partner will become and owner of that shared property. (Pasal 35 Undang-Undang Perkawinan yang menyatakan bahwa harta benda yang diperoleh selama perkawinan menjadi harta bersama. Jadi, ada percampuran harta yang diperoleh setelah perkawinan, dan pasangan Anda (yang berstatus WNA) akan turut menjadi pemilik atas harta bersama tersebut.)
if these matter proceed into Indonesian court there "need" to be 2 verdict, one about the marriage itself, second about the shared property. if your partner only got one verdict about divorce and not about the shared property, she will legally need your approval for everything regarding the shared property, even when it all is written on her own name.
shared property issue usually solved by going to a notary and making shared property contract where one party relinquish his/her right and compensate etc.etc. or you can press this matter in court proceeding and hope to have the best verdict from judge about your shared property case.
i know these problem is very frustrating, but always know your right. i hope the best result for you mate, cheers.
 
My advice is to contact an Indonesian lawyer specializing in mixed marriages. There is one firm in particular based in Jakarta that seems to handle a lot of these kinds of cases. Google is your friend.
 
Ericjancoen has it right in post # 11.
I recall a Belgian friend who went thru' the same procedure...he was divorced in Java and has since remarried. He shared property in Bali with his ex-wife and the court split the asset 50/50 as Eric suggested ...the problem is his ex will not agree to sell so he has 50% of something which, at present, is intangible. He jokes that he owns half a swimming pool in half a villa in Bali.
He is exhausted trying to regain any money and will have to face, and pay the cost, of another court case as his ex is recalcitrant. He said if he could get anything reasonable from her he'd be happy to accept as he feels he's over a barrel.

I'd also suggest getting a legal injunction in Australia to prevent her removing your child from Australia without your permission. I'd also look to see if you have anything on her so she could lose her PR.......then you have some bargaining power as a defense for your 50% of the asset.
 
Not having a prenup or postnup would be beneficial in this case. You can claim half or more property on the court.
Actually, as Indonesian law overrides any private contract or agreement, he can still claim (with a good lawyer) 50% assuming he can prove he paid for all of it.
The prenup only works against a (sort of) law, about the Agrar law/marriage law combination.
 
^
Well, the prenup specifically states that properties are owned by the WNI spouse. And the prenup is a legal facility provided by that Indonesian law. So yes, you could be right and a judge might agree with the "well your honor, we got the division of goods etc. just to trick and circumvent the Indonesian law but we didn't mean it since it's just a piece of paper and I paid for it all" argument. But it's a slippery slope.

NB: I assume the OP had the 51/49% share of the property officialized and documented by a notary at the time of purchase? With no prenup he stands a good chance then.
NB2: If there is a prenup and the WNA provides the funds: Then, with the danger of being accused of having banking activities in RI, you'd better provide and document a personal loan to your spouse.
 
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