Selling property before someone files for divorce

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Latest post 01-13-2011 2:48 PM by Drew. 7 replies.
  • 01-12-2011 7:37 PM

    Selling property before someone files for divorce

    I sold something valued at $450 before my husband filed for divorce.

    We both paid 50/50% for it.

    Am I going to have to pay him his half of it ( $225 ) even though I sold it for way less ( $150 )?

     

  • 01-12-2011 7:56 PM In reply to

    Re: Selling property before someone files for divorce

    Property is not split item by item. The entire marital property is valued, the percentage to each party determined and then items (cash or assets) are distribute to equal that amount.

     

  • 01-12-2011 8:02 PM In reply to

    Re: Selling property before someone files for divorce

    Okay, what about having to give him the property back even though it was sold before him filing for divorce? He has written a Separation Agreement and has requested that same property to be awarded to him.

  • 01-12-2011 8:56 PM In reply to

    Re: Selling property before someone files for divorce

    It sounds like you sold something of value for cheap to burn him, either because you knew it would make him angry or you had something to hide like a gambling problem.

    In any event, standing orders not to sell stuff usually don't go into effect until after filing. If it was something more expensive like a car, he may try to argue that you owe him a larger part of what remains. Half of $450 isn't worth arguing about; the lawyers would eat that in less than 2 hours.

    If you're dividing stuff up yourselves, he may be right asking for more.

  • 01-12-2011 10:22 PM In reply to

    • Drew
      Consumer
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    Re: Selling property before someone files for divorce

    Often each state has some sort of timeline as to a time that is used to mark the asset/debt picture--and I have NO CLUE waht that might be in your state--but generally arms lenght transactions made before that date are out of the picture --no clue if it was a dirty deal to hide something  under waht conditions its dragged bocllbut to use counsel at say $250/hr each to debate an old sale that might have netted you a bit below market is not very productive--besides that fancy gadget I bought last year for $500 is probaly hard to sell for even $50 this year!



  • 01-12-2011 10:33 PM In reply to

    Re: Selling property before someone files for divorce

    I sold the dog we had. He used to beat up the puppy when it did something wrong. The dog was afraid of him. He used to jump on my lap when the STBX would start to raise his voice at me...or get violent.

    He always said I neglected the dog. Well, let's see. I worked full-time and went to school full-time...and he didn't have a job for over a year. He sat home all day and did nothing. How the heck am I supposed to take care of the dog when I am at work?

    I get upset just thinking about the STBX. I have nightmares constantly. I am afraid of him. I am afraid he is going to come after me and try to hurt me. It is such a complicated story. Worst relationship ever.

  • 01-13-2011 1:33 PM In reply to

    Re: Selling property before someone files for divorce

    If the court orders it, then you would have to return it. It is generally avery bad idea to sell anything significant while you are preparing to divorce. Certainly if you know he has asked for its return selling it is only going to irritate the judge.

  • 01-13-2011 2:48 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,922

    Re: Selling property before someone files for divorce

    Probably a bad idea to rub his face in a particular asset--especially if it takes 2 lawyers a lot of time at $250/hr to debate foolish stuff.

    Now that said, MA probably values assets at the time of divorce not the time of separation.

    Andunless youwere trying to hide the value of a valuable dog or some such game, it may be no big deal.

    So if you sold a dog prior to the count time  and bought a iPOD its possible that the  used iPOD is what is in the pot for equitable distribution come time to divide up the pot.

    He may try to posture it as the end of the earth....don't give him free ammunition for further mudfights.



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