From: Tom Doyle
Sent: Thursday, February 26, 2015 11:01
To: ‘Doyle Kasumi’
Subject: RE: ラナイ
Attachments: Kasumi Letter Feb 26 2015.docx
(Sent 2 times)
Hello Kasumi,
Hard to believe, but maybe my concerns have turned out to be true after all.
It is hard to imagine that you would even consider taking such drastic measures to try and avoid a Property Division.
If you do this, I believe it will be an admission that you, in fact, recognize that the Courts will be awarding me a portion of the property.
I truly do not know why you are taking such extreme, improper and possibly illegal actions during this time of divorce.
I am not sure if someone has advised you to do this. If so, I think you need a different advisor.
I would hope that you stop doing anything that may place your position in jeopardy, or get you into trouble.
I would like this to work out for the both of us in the best possible way.
I have always said that I would like to resolve this in an amicable and harmonious manner.
I have to assume that you do not feel the same way at this point in time.
[Personal Information Redacted]
…..
Let me state for the record, a few things about our marriage.
Please do not forget that I did everything I possibly could to make sure that you received your green card a quickly as possible. I knew that this was very important to you, so I decided to support you 100%. This involved a tremendous amount of time and effort on my part, but I was happy to do it. This was important to you.
I’m sure you share my gratitude towards your father for giving us the loan so you could qualify for your green card. He loved you very much, and would do everything in his power to support you.
…..
I had the responsibility to repay the loan to your father. In 2005, I believe the amount still owed him was $15,000. This was around the time when you suspected me of cheating on you, and decided to illegally hack into my email account. (With the help of others) I won’t get in to all the details here, but the letters that you sent out caused extensive financial damage. It affected my relationship with 1 of my biggest clients. Of course, I have kept all the documentation. This was a serious breach of privacy and trust. I still remember the days after I confronted you with this. I think you were ashamed and regretful about what you had done. I remember when you finally broke down and cried, and admitted fully to the breach. (I had the documentation, so you could no longer deny it) Realizing the financial damage you had caused, you then got all your bank books together and put them on the kitchen table. You said to take whatever you want – you can have it all. Of course, I did not do that. (But I was surprised by the very significant amount of money you had in the multiple accounts) Instead, I mentioned the possibility of you paying back the balance on the loan that was owed to your father. Although the financial damage caused by your actions far exceeded the balance on the loan, we both agreed to this. Since that day, you have not brought up the loan once in the past 10 years. It is my understanding that the issue has been completely resolved. Anything you might say at this time to the contrary would be completely untrue. …..
What I am asking for in the divorce, is a portion of the increase in value of the Net Market Value (NMV) from the Date of Marriage (DOM) to the time of divorce.
I made very significant contributions to the upkeep and maintenance of the property, and therefore feel entitled to some of the increase in appreciation.
I know this is not what you want. But I intend to follow the Hawaii Laws and Guidelines pertaining to divorce to get the issue resolved. It seems you are taking other extreme and improper actions.
I will provide more details, as well as proof in the form of documentation, but for now, here are some facts and figures regarding my contribution.
Condominium Maintenance Fees were paid (by either me or you) approximately 182 times between January 2000 and February 2015.
I paid the Condominium Maintenance Fees approximately 142 times. (78% of the time)
The total I paid in Maintenance Fees comes to approximately $53,250.
I also paid an additional (approx.) $225 per month to cover costs in case your parents came to visit us in Hawaii, or to cover other costs such as condo tax, insurance, and general maintenance.
The total for this fund was (approx.) $31,950
I had no problem paying this money as I felt I was doing my part to contribute to the marital home.
The money was either paid to you in cash, or deposited into one of your accounts. Although the money was paid directly to you, it was very clear that I was covering the Condominium Maintenance Fees as well as the other incidental costs. And please don’t try and say this was rent. Spouses do not charge each other rent. There were NEVER any rental agreements drawn up, and any insinuation or assertion at this point that such documents exist would be completely false. (And fraudulent if any documents are created or forged — I do not think you would do this, but I need to mention if for my own protection)
The approximate total for what I paid in maintenance fees/etc. comes to: $ 85,200.
Of course, this does not include the household costs I paid over the years. We did split the costs up until about 2001. This was when I went back to school, and you were generous enough to cover expenses for about a 1 year period. After that, in gratitude, I began paying for all the household costs including food, internet, TV, phone, Cable, etc.
From my calculations, what I paid on your behalf, including half of the household costs and your food comes to a total of approximately: $35,700. This certainly more than covers the amount you paid while supporting me while attending school
My approximate total contribution to the Maintenance and Upkeep of the Condominium, as well as to you personally, comes to about: $120,900. This is just a rough conservative calculation, and would not include all the shopping trips we took together over the years where I would always pay the bill separately from the monthly payments I was making.
You decided you wanted to sell the house back in 2008 or 2009. (I cannot remember the exact date. At this point, you asked me to move all my belongings to the Lanai so you would be able to show the property to prospective buyers in a more favorable way. Of course, I agreed. Once my belongings were outside, they never came back in. When I would come home from a business trip, I did not even have a place to put my suitcase. I certainly could not unpack. I remember changing clothes on the Lanai after a shower. I felt as if you were slowly trying to squeeze me out.
This was when I started staying/living for longer periods of time overseas. However, I kept making payments to you even though I was not in Hawaii.
Between March 2009 and June 2011, the total payments in Wire Transfers to your accounts in Hawaii total $30,400.
These were payments made by me to support you as well as to do my part in contributing to the marital home.
I made the payments even though I was, for the most part, not living in the home.
I have many more, but here are a few of the records: I am putting together the payments made via check, and can provide them shortly.
Wire transfers to your account at the [Bank Name Redacted], Hawaii.
0313 21/08/2009 TELEX TRF 6,035.00
OTT TO KASUMI FUJIKAWA DOYLE
0371 12/11/2009 TELEX TRF 4,035.00
OTT TO KASUMI FUJIKAWA DOYLE
0424 03/02/2010 TELEX TRF 4,035.00
OTT TO KASUMI HUJIKAWA DOYLE
0512 16/07/2010 TELEX TRF 4,435.00
OTT TO KASUMI DOYLE
0585 03/11/2010 TELEX TRF 8,035.00
OTT TO KASUMI FUJIKAWA DOYLE
0701 15/06/2011 TELEX TRF 4,035.00
OTT TO KASUMI FUJIKAWA DOYLE
…..
I’m sure there will be more I will need to write as the divorce proceeds. I am grateful for all the help and support you have given me, and hope that you feel the same way about the help and support I have provided you.
…..
Now that I have “hopefully” reminded you of all the contributions I have made to you and to the Condominium, it is my sincere wish that you do not try anything drastic, and possibly improper or illegal. Hawaii Case Law holds that you cannot give away property to a relative during a divorce, or in contemplation of divorce. The courts would see this as an attempt to avoid property distribution.
I feel that I am entitled to a portion of the increase in the Net Market Value of the property between the Date of Marriage and the Time of Divorce. I think I have shown where I have contributed a large sum of money over the years.
But in the final analysis, it will be decided by either an agreement between us, or by the Hawaii Courts.
Please do not do anything drastic that will jeopardize your position, or get you into trouble. It is still my intention to keep this divorce amicable and harmonious. I would like this to end well for the both of us.
I only want a fair and equitable division.
I wish you all the best, now and in the future.
Sincerely, Tom
。。。。。。。。。。
Email Sent: Feb. 26, 2015 at 12:38am Thailand Time
Ｄｅａｒ Ｋａｓｕｍｉ，
。。。。。。。。。。
「トムの意向は理解したから、もう少し考える時間がほしいです。」
「申し分け無いけど、弁護士さんとは話をしていません。離婚した人達から情報を集めている状態です。
悪いけど、そんなに意地悪じゃありません。ちゃんと考える時間を下さいとお願いしたはずです。」
。。。。。。。。。。
このようにメールに書いてありました。信じていいのでしょうか？
僕は誠実に、ハワイ州の離婚に関する法律とガイドラインに遵守し、解決しようと思っています。
Ｋａｓｕｍｉはどうでしょうか？
前の(英語の)メールにも書いたように、よくあることですが、いずれかの配偶者が、財産の分割を避けるために、家族の一員、または知りあいにその財産を安く売ったり、ギフトする場合があります。離婚の前後において、この用の行為は家庭裁判所は不正・違法であると定めています。最終的な財産の分割には全く影響はありません。逆に、そのような行為を働いた側が不利になると書かれていました。詐欺行為ですので、当たり前だと思います。もちろん、離婚そのものが混乱し、長い裁判になってしまいます。弁護士にかなりの大金を払わなくてはいけません。この費用を負担するのは詐欺行為を働いた側になると書かれていました。そのうえ、裁判所において、不正・違法・詐欺行為が認められると、場合によって、当該財産がすべて相手側に受け渡されるときもあるそうです。
“one cannot give property to a relative during a divorce” (ハワイ法律ジャーナル ２００４年２月号)
“離婚時に親戚に財産をギフトする事はできません”
Ｋａｓｕｍｉはこのようなことはしませんよね？
念のため、このメールで説明することにしました。
。。。。。。。。。。
ワイキキバニヤンのコンドミニアムは２人で結婚してから住んだ婚姻パートナーシップ財産です。
僕が求めているのは婚姻時からの純市場価値（ＮＭＶ）の増加分の一部だけです。
これは我々が話し合いで決めるか、または裁判所が決めることです。
それが決まるまで、お互いのために、この財産をそのままにしておくよう強く要求します。
トム
From: Doyle Kasumi
Sent: Wednesday, February 25, 2015 2:36 PM
To: Tom Doyle
Subject: RE: ラナイ
[Original Email from Kasumi Fujikawa Redacted for Privacy Issues]
English Translation:
I emailed you a little while ago. I am working now, and I thought I had told you that I had not been feeling well since last week.
I have a fever now and feeling down. I have not been able to take off from work, and it is not getting any better.
I’m sorry, but I have not spoken with any Attorney(s). I am seeking information and advice (information) from others who have gotten divorced.
I’m sorry, but I am not that “mean” of a person. I thought I had asked you for more time so I could properly think about the situation.
From: Tom Doyle
To: Kasumi Fujikawa Doyle 藤川 香住【香住 藤川 ドイル】
Subject: RE: ラナイ
Date: Wed, 25 Feb 2015 14:11:04 +0700
Hello Kasumi,
I hope you are doing well.
Since it has been 5 days since you last contacted me, I will have to assume that you are actively moving forward with the divorce, and have been contacting attorneys in the process. I will begin the process on my side as well. Since I have to assume that you already have legal representation, I will write all emails/letters to you in English from this point forward. (I will have to assume that your lawyer will be reading my emails as well)
I request that you let me know by email once any motions/documents are filed regarding the divorce. Once I am notified, I will inform you of the address where the Complaint for Divorce and the Summons can be sent. It will most likely be to my Attorney’s address in Hawaii. Please DO NOT have it sent to my mailing address in Michigan.
It is my sincere wish that the divorce proceeds in a manner that is amicable and harmonious.
At this point in time, the only claim I am making is to a portion of the increase in Net Market Value (NMV) of the condominium from the Date of Marriage (DOM) to the Time of Divorce. This would be Category 2 property only.
I have made very significant contributions to the maintenance and upkeep of the property, and therefore its appreciation in value, and I feel justified in asking for a portion of that increase. (Hawaii Divorce Laws and Guidelines recognize this as valid and fair – even without the contribution)
I think we can work out a percentage that will be fair and equitable to the both of us. If you would like, I can send over a more detailed proposal that you can consider. Of course I am open to any suggestions or counter-offers you may have. I think avoiding a prolonged period of contention would be advantageous to both of us. I am willing and open to working out an agreement with you.
We have been officially contemplating divorce now from the time you received my email on November 20, 2014. Since you have not written me back for some time, I am not sure what actions you are taking in Hawaii. Since you have not been forthcoming in your communications with me, I do have some concerns.
I was re-reading one of the documents I sent to you, and saw where during a divorce (or contemplation thereof) some spouses will try and give away or sell their property to a family member, or assign a different name to the property in order to avoid any payments to the non-owner spouse.
I truly do not think this is something you would attempt to do. But I wanted to bring it up just in case. (I apologize if my concern is completely unfounded)
Besides, it is my understanding that this would be a violation under Hawaii Case Law.
Just let me state this for the record: Until we, or the Hawaii Courts decide on a fair and equitable division, (of the increase in NMV) let’s follow Hawaii State Law, and leave everything as it is.
……….
Here’s an excerpt from one of the documents I sent to you via email:
From the Hawaii Bar Journal, February 2004
Generally, except for “waste,” the
Family Court cannot consider fault by
either party during the marriage in dividing
property. Other than cases holding that
one cannot give property to a relative
during a divorce, Hawaii case law does not
define specifically what constitutes
“waste.”
……….
Again, it is my intention to have an amicable and harmonious divorce, based on the Laws and Guidelines of the State of Hawaii.
Please keep me informed of any developments. Thank you.
Sincerely,
Tom
From: Doyle Kasumi
Sent: Saturday, February 21, 2015 2:06 AM
To: Tom Doyle
Subject: RE: ラナイ
[Original Email from Kasumi Fujikawa Redacted for Privacy Issues]
English Translation:
I received your email.
I will read the attached files, so please give me a little time.
From: Tom Doyle
To: Kasumi Fujikawa Doyle 藤川 香住【香住 藤川 ドイル】
Subject: RE: ラナイ
Date: Fri, 20 Feb 2015 18:16:00 +0700
念のため、違うメールアドレスからも送ります。
。。。。。。。。。。
Ｄｅａｒ Ｋａｓｕｍｉ，
ファイルが添付してあったメールを送り、その２時間後に車の件の追加分が入った、添付ファイルなしのメールを送りました。
メールが２つとも届かないというのは非常に変ですね。
添付ファイルは参考に。ハワイの法律と離婚に関するガイドラインの説明文です。
Ｋａｓｕｍｉも、この件に関して、為になるウエブサイト、書類等があれば送ってください。
もうずっと会っていないので、お互い開放された方が良いと思います。
僕も同意見です。
僕はハワイの法律と離婚に関するガイドラインに基づいて円満に解決することです。
Ｋａｓｕｍｉも同じように考えているのでしょうか？
Ｋａｓｕｍｉの円満解決とは？
トム
From: Doyle Kasumi
Sent: Friday, February 20, 2015 4:48 PM
To: Tom Doyle
Subject: RE: ラナイ
[Original Email from Kasumi Fujikawa Redacted for Privacy Issues]
English Translation:
I am sorry, but I have not received an email like the one below or received any attached files.
…..
Email from Tom:
Dear Kasumi,
You asked me a question: “What would be a harmonious divorce for you?”
My answer: To have a harmonious divorce based on the Laws and Guidelines of the State of Hawaii.
I have attached several reference documents to this email.
Kasumi, what would be a harmonious divorce for you?
Tom
…..
Could you please send it to me again?
Regarding the car documents, I needed those because I was hit by another car. I tried to get it repaired through the insurance company but was told both the owners’ signatures were required. The process was quite difficult. We’ve owned the car for over 10 years now, and I will not be able to sell it when the time comes. That is why I asked you to sign over the car to me.
Since we have not seen each other for so long, I think it would be best to be free from each other. (Divorce)
I will write you once I have read the attached documents.
From: Tom Doyle
To: Kasumi Fujikawa Doyle 藤川 香住【香住 藤川 ドイル】
Subject: RE: ラナイ
Date: Fri, 20 Feb 2015 15:48:56 +0700
Ｄｅａｒ Ｋａｓｕｍｉ，
下記のメールを送ってから３２時間以上経過しました。
話し合いで解決できるのか、互いに弁護士と相談したほうがいいのか、Ｋａｓｕｍｉの回答によってだいたい見当がつくと思いますので、できるだけ早く返事を送っていただけるよう、お願いします。
円満解決において、良好なコミュニケーションは非常に大事だと思いますので、僕はＫａｓｕｍｉの質問等にはできるだけ早く答えるようにします。
トム
。。。。。。。。。。。。。。。。。。。。。。。。。。。。。。。
。。。。。。。。。。。。。。。。。。。。。。。。。。。。。。。
追加：車の書類。Ｋａｓｕｍｉから名義変更の依頼があり、同時期にラナイの荷物を移動するようにとの依頼もあり、多分正式に分かれる方向を取っていたと考えました。
。。。。。
Ｄｅａｒ Ｋａｓｕｍｉ，
「質問：あなたの円満解決とは？」
ハワイの法律と離婚に関するガイドラインに基づいて円満に解決することです。
参考書類をいくつか添付しました。
Ｋａｓｕｍｉの円満解決とは？
。。。。。
トム
From: Doyle Kasumi
Sent: Thursday, February 19, 2015 4:08 AM
To: Doyle Tom
Subject: RE: ラナイ
[Original Email from Kasumi Fujikawa Redacted for Privacy Issues]
English Translation:
This is a late reply. I have been feeling good at times, and bad at times, because of my [Redacted]. In your reply email, you said that you would send the car documents as quickly as possible（Date: Fri, 1 Aug 2014 09:22:07 -0700）, but I have not received them yet. It’s been 4 months since you received the documents at your Michigan mailing address.
Because I had not received the documents, I chose to leave things as is. I did not reply because I had not yet received the documents.
I was planning to reply after I had properly received the car documents. Therefore, I have not spoken with Attorney(s). I am also hoping for a harmonious solution (Divorce).
What would be a harmonious divorce for you?
From: Tom Doyle
To: Kasumi Fujikawa Doyle 藤川 香住【香住 藤川 ドイル】
Subject: RE: ラナイ
Date: Wed, 18 Feb 2015 03:24:07 +0700
Ｄｅａｒ Ｋａｓｕｍｉ，
まだ返事がないようですね。
今の時点で想定できるのは：
１）何らかの理由でまだ離婚したくない。
３か月前の僕からのメールを読み、どうしたらいいのかわからない。
２）もうすでに離婚を進めている。弁護士と相談している。僕と話し合って解決する意向はない。
僕は上記の１番ではないと思います。Ｋａｓｕｍｉと最後に会ったのは、来月でもう５年となります。
離婚のことは、互いに、ずっと前から考えていたと思います。
上の２番であると想定してよろしいでしょうか？
返事をあと２－３日待ってもいいですが、それでも来ないようでしたら、僕も弁護士と相談します。
。。。。。
しかし、僕はまだ円満に解決できると思っています。
返事を待っています。
トム
。。。。。。。。。。
Ｄｅａｒ Ｋａｓｕｍｉ，
下記のメールを送ってから、もう３か月経過しました。
Ｋａｓｕｍｉの意見・考えを聞かせてください。
コミュニケーションがなければ、前に進めません。
僕はメール、スカイプ、電話、なんでもＯＫです。
トム
Skype ID: redacted
。。。。。。。。。。
Ｄｅａｒ Ｋａｓｕｍｉ，
連絡が遅れて申し訳ありません。
これを機に、互いにとって、正式に分かれる方向を取るのが一番いいのではないかと思います。
突然このようなメールで、ごめんなさい。しかし、Ｋａｓｕｍｉも、僕も、もう長い間考えていたことだと思います。
Ｋａｓｕｍｉの意見を聞かせてください。
よければ、電話でもっと詳しく話し合いたいと思っています。
トム
From: Doyle Kasumi
Sent: Friday, November 14, 2014 12:57 PM
To: Doyle Tom
Subject: RE: ラナイ
[Original Email from Kasumi Fujikawa Redacted for Privacy Issues]
English Translation:
What happened to the documents?
You have not contacted me regarding what to do with your things. I’m sorry, but I will be disposing (throwing away) your things left on the iron shelves by the end of the year.
Kasumi
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