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NEED LEGAL ADVICE FAST!!!

How do I make sure I get what I'm due???  I'm really scared now. I have submitted my income and expense and asset and liability papers, but I'm really scared that I've forgotten things that will add up to a lot. I can't get into the house, though I've asked my lawyer to arrange for me to be escorted to the home to do an inventory, and I don't want to just go on my own because I'm trying to do everything legally and by the book to avoid any problems.  

Question 1: Is there any way I can get a court order BEFORE we settle on property so I can be sure I have all of my property on my asset list?  

Next, Last August (2007) I found documents showing the my stbx had transferred over $50k in stocks over to a different account....I don't know where. At the same time, he took ME off as his beneficiary and put his two kids ON at 50/50. Isn't that illegal??  

Question 2: How can I be certain that EVERYTHING under his name is reported in the assets report?  

Finally, I've recently obtained some documentation showing he got a storage unit, about the same time that he transferred over all the funds, and I have no clue what's in there.  

Question 3: Is there any way I can get a court order to have the storage unit opened and see what's in it, to see if it's joint property and such? I'm worried that he's hiding assets, as you can see he is a very greedy person and not "fair" at all. I would like to get this court order BEFORE he knows I'm aware of the storage unit otherwise he may move the property.  

Lastly, my ex is living inthe house, and has been for the past 20 months, while I live in a little rental house. He doesn't respond to the papers sent to him by his lawyer when my lawyer sends a request to him. He just ignores it. He's already gone into default twice. But in the mean time, my ex is sitting in our big beautiful house that attracts these married women and the property value is declining daily. I'm pretty sure thats why he continued to lead me on about wanting to work on the marriage until now, he finally has this little girlfriend so he's been too busy to worry about ME! LOL!  I'm worried that the house isn't going to be worth much and 1/2 the equity would be almost nothing. I put $60k of my own money into the house because his house hadn't yet sold. Then, when he got the money from his house selling, he put it in a separate account and left it there to "build a garage" which never happened. He finally took part of the "garage money" and paid off the 2nd loan on the house which was 5% I think. I do NOT want to just let him HAVE the house AND all the money I put into it....if that's going to happen then I want to just SELL the house and split the remaining money. Why should HE have the house and not me especially when I put that much into it.

Question 4:  Is it possible to NOT reach an agreement and just tell the judge I wanna sell everything???   I mean, if I'm gonna lose all my money why shouldn't HE too?!?!

WHAT DO I DO??? I NEED HELP!!!

by teachermatti   119 Posts
Posted on 9/24/2008 12:19 AM

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Comments for "divorce360.com | NEED LEGAL ADVICE FAST!!!"  (4) (You must be logged in to answer)




Oh...as far as the new gf goes....she is MARRIED, so I KNOW it's not HER stuff going into storage. I have friends in the neighborhood who tell me things that go on, him moving stuff in or out of the house, etc. Though I've asked that they NOT tell me who's visiting, etc. I really don't care. LOL! I've discovered over the past 2+ years that he will never change I I'll never put myself in a situation again to be his doormat. :) I'm in a good place now, though still not dating much, but just bought a house, which he has no claim to because it was separate money from a lawsuit years ago, and he signed a quit claim deed on the house, so I'm safe. Now it's just a matter of seperating everything we acquired together and getting him out of my life once and for all.
by teachermatti   119 Posts
Posted on 9/25/2008 1:21 PM
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Question 1 - you can always revise your asset list. Nothing is final until the last papers are signed - if you come up with other things, it is fine to add them....so don't stress on that.

 

Question 1b- he can choose whomever he wants as his beneficiary - it doesn't have to be you just because you are his wife. You can contest it if anything happens to him while you are still married. Esp if the stocks were purchased prior to your marriage. If they were purchased while married - it's a marital asset and regardless of who is beneficiary, you still get a share.

 

Question 2 - Private investigator

Question 3 - No, but you request a content list in discovery,  listing it as a marital asset because it was purchased with marital funds - Ill hazard a bet if the GF is living with him it is all HER things.

Question 4 - sure you can put it in the hands of the judge - doesn't mean they will order everything sold though.


 

 

by spaznskitz   3996 Posts
Posted on 9/24/2008 1:34 PM
0





Wow!  This is my story in a nutshell!  I'm here with you!  I haven't moved out of the house we built together, and we haven't really discussed divorce yet.  So I'm really in the infancy stage yet of it all.  No other women or men in our lives but 18 years of pain due to angry step-children, and a very demanding, controlling, and sneaky!  The difference between you and I though is that my husband made me quit my job 10 years ago.  He didn't like it because I worked predominately men.  I was a medic, and the assistant director of our ambulance company.  He's been abusive physically, mentally, and emotionally.  He can't stop calling me names when we argue.  We don't have constructive arguments because he likes to tell me what a loser I am all the time.  Whatever.  I know in the state of NE though the law requires any purchase of property to be signed by both spouses.  Divorce courts have made that a law.  Which is good for me, but he can still hide money, and assets that don't have my name on them.  Like you I put money into the stocks we have which some have done quite well.  They're in his name only.  I took my retirement to do that!  Great!  So I have no job, and no retirement money.  He's always been so kind to me after arguing because he knows that if we divorce he will end up losing more than he wants to.  However, I'm on to that.  He too put his kids on the stocks that we have as the beneficiary in his Will.  Yeah...sure.  Our house is worth a lot, and the 250 acres of land surrounding it, but of course there's a hefty mortgage to pay off yet.  Property and houses aren't selling well here either and I don't think we'd get out of it what we should if it were to be sold.  But...if I were you...I'd tell your attorney...sell it all!  Pay off what needs paid off from both sides, and each of you have what's left over.  At least maybe you'd have some peace of mind over it in the end, and you know he couldn't take his new squeeze to your home anymore!
by nanc83   2 Posts
Posted on 9/24/2008 1:28 PM
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I am sending your post to spaznskitz. She is a family law attorney on this site and will advise. It may take her a day or two but she will get to you!
by mtnvly   2418 Posts
Posted on 9/24/2008 7:59 AM
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