Legal Question in Family Law in California

What tax law applies for splitting assets for a US citizen living abroad and divorcing a non US citizen ?


Asked on 3/29/22, 1:40 pm

1 Answer from Attorneys

Generally tax law doesn't come into splitting assets at all. In some cases if there are assets that will result in substantial capital gains and others that will not, the parties agree to value the asset that will be taxed at something lower than current or book value. If there are any transfer taxes, such as on real estate in the US, those would be governed by the jurisdiction in which the assets are located, but at least in the US most states do not tax changes in ownership due to divorce. And of course income tax filing status will change, but not which law applies.

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Answered on 3/30/22, 9:20 am


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