Legal Question in Family Law in California
Hiding assets
My soon to be ex is claiming that she is broke. At the time she filed for divorce she was due a large settlement from a personal injury case. Upon receiving her money she quickly moved it into her parents name and purchased a house and boat etc, in their name. Is there any provision that should have kept her from liquidating her assets. We were busy fighting over kids and I do not remember the court saying anything about assets.Does she have to be told not to transfer assets or is that assumed upon her filing for divorce thanks
3 Answers from Attorneys
Reply: Hiding assets
There are automatic temporary restraining orders that are printed on the back of the summons and are issued when a Petition is filed.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Hiding assets
You should never assume anything. There is an automatic order in place restraining both parties from disposing of any assets. That is the law but the practice is that many people do exactly what your spouse has done. This appears to be a case where you must have legal representation in order to protect your rights and I strongly urge you to contact a family law attorney immediately. Trying to save legal fees at this stage may very well prove to be false economy and what you "lose" to legal fees can be offset many times over by the amount you should have received if you were properly represented. The longer you allow it to go on, the more difficult it becomes to trace the asset and/or the money. I hope the above was helpful. Please feel free to contact us if you wish. Regards, Damian Nolan.
Re: Hiding assets
Not sure where others coming from. Personal injury awards are separate property, not community. If you know an award was given, however, should should have to disclose this. Probably not make great difference in community financial affairs.