Legal Question in Family Law in Arizona

Any money earned during the course of marriage belongs to the community... it doesn't matter whether you kept in your shoe... a shoebox ... or a separate banking account designated in your name only. Giving money away that belongs to the community for the purpose of hiding the asset from your spouse is heavily frowned on by attorneys... the courts... and spouses. It should be identified by account number on your asset disclosures. The banking records will show that the money was withdrawn. If the money was withdrawn and transferred by both you and your spouse as a gift to your parents, that should be identified anyway even though you have received permission to give away money belonging to the community.The major concern is that you had a savings account only in your name and it appears that the account may have been used to hide money from your spouse. That may not be the case -- the safest approach is full disclosure of all assets. It probably should show up on your tax return, if the amount was large enough to have a gift tax on it.

I would need to know more. Your spouse of course could question any substantial "gifts" given just prior to filing.

We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004

(602)254-7251

Fax (602)254-1229

www.familylawaz.com