children and property in extramarital relationship

@advokatku (4033)
Indonesia
January 22, 2011 7:58am CST
Good morning all ... If you live together (outside marriage or extramarital ... I don't know this trem in english) with someone which have foreign nationality in the period of time. During run time, you and your spouse were blessed a child and during that time also, your spouse have been given you, home and cars (although still credit. lol). One time, in your relationship, have a problem which force your relation became broken and on that's problem, also make your spouse want take back what was given to you and also want to make a deal about a problem child. How your attitude, give up or defend ?
2 people like this
2 responses
22 Jan 11
I am not a lawyer but in my opinion, the property is not conjugal and can be taken back by the person who gave it to the other party not unless there's an agreement that it was given to you in good faith, if not it's just like you borrowed it from her. On the other hand the child gets to stay with the mother until the child is old enough so the father will just have to be contented with visitation rights.
@advokatku (4033)
• Indonesia
23 Jan 11
Your opinion is very realistic .. I like it. Indeed, related to property, is dependent upon the owner. If the owner just give without intent to transfer ownership rights, of course, that's stuff no more a loan that can be pulled back by the owner. Related to the child, I'm also agree with your opinion. Children keep living with his mother until later adulthood, and the father because have foreign nationality, should indeed be given only limited visiting rights
• Japan
23 Jan 11
A lawyer is your best bet on finding out what your rights are. A gift is a gift and should not be taken back, but if the items are in her name than you will most likely not get them. Marriage is tricky though. Everything could be split down the middle in court. Children usually go to the best suited parent if you guys do not come to an agreement.