Legal Question in Civil Litigation in California
I had cash that was unreported for tax, basically getting paid under the table. Before I got married, I gave that cash to my wife to purchase a condo in her name. Now I want a divorce but she is not willing to give back the money/house. There was no contract or transfer showing I gave her the money. If I take her to court, will the cash issue come up because it was unreported tax money? She knows this so she might threaten me saying it was unreported dirty money. I don't want to be in jeopardy of getting caught for tax evasion if it comes up in court.
So basically I want to try and fight her in court trying to prove it was my money not hers even though the condo is in her name. I just hope, where the money came from is not gonna be relavent in that case and its only about who it belongs to.
3 Answers from Attorneys
Your question is really about family law. Please re-post it in that category.
You need to hire a divorce attorney, follow his advice, and hope IRS doesn't get involved by 'someone' notifying them of your 'tax fraud'.
In California when they trace the money the source may be relevant You need to get an attorney. If it is determined this was a gift you may have issues. Good luck