Legal Question in Family Law in California
How do I prove assets he's hidden?
I was married for 5 1/2 years (second marriage for both). He asked me to quit my job and stay home with my children and his (motherless) child. We claimed one million over the five year period on income tax returns. I can show where he gave me max of 120,000 and paid taxes of 225,000. I will throw in another 100,000 for misc expenses, leaving appr. 600,000 dollars. He says everything he purchased during marriage was purch with sep prop funds. How do I prove where the money went if he's hidden it. I know how he hides things because I did his business books, but how do I prove. Do I have to prove or does he? Will subpoenas extend to people he does business with?
3 Answers from Attorneys
Re: How do I prove assets he's hidden?
Property purchased during marriage is presumed to be community property. So the burden is on him to prove that it was purchased with separate property funds.
You do need to retain counsel. This is not a simple case.
Re: How do I prove assets he's hidden?
Please be advised that it will be your husband's burden of proof to show that properties purchased during the period of marriage was made by his separate property funds. As to funds he has hidden and obtaining subpeonas, you will be able to subpeona anyone to court to verfiy his business dealings. In fact, you may take non-parties deposition and hire an accountant to verify if he has misappropriated community funds or to perform an accounting. It may be costly to do what I have mentioned, however if you are searching for hidden community funds there are discovery tools that you consider. If you need to hire counsel to assist you in this case you may contact my office for a consultation at 310-839-7700.
Sincerely,
Nina N. Gohari, Esq.
Re: How do I prove assets he's hidden?
It is unclear from your question what you want to know. I advise you to contact a divorce attorney. Often times your husband will have to pay the fees for your attorney.
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