Hypothetical Money Transfers Pre-Divorce

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Latest post Thu, Apr 13 2017 11:00 AM by ca19lawyer2. 4 replies.
  • Mon, Apr 3 2017 8:59 PM

    Hypothetical Money Transfers Pre-Divorce

    Hello, I myself am not married (I'm 19), I am rather seeking legal advice for my father. I'm 19 years old, still living with my mom, dad, and brothers. My mother has had many issues with my father since I could even start realizing what has been going on in their marriage. My father is very open with me, I know about lots of occurences such as cheating and other means of distrust that have taken place all the way from years ago until now.

    My parents have filed ZERO legal documents relative to a divorce and that alone is essentially why I am curious about my hypothetical idea although it may seem unethical. My father has been working as finance director for an automobile company for the past 20 years and in the recent 5 years he has seeked extrordinare wealth with his own small business. When I speak to my father about his marital issues, a frequent concern of his is loss of everything he has worked for... Recently, for my own sake won't say how, but I retrieved all of my mother's data including texts, photos, voicemails, snapchats, insta, etc. new and deleted since the phone was first used. After I reveiled my results to my father, he has become more frequent in speaking about a divorce, yet still no papers, only private discussions among myself and my father.

    I have two brothers, one 22, the other 12. For a couple months now I've been thinking about "loopholes" I could pull to benefit my father. So basically, my idea is hypothetically, since there are currently no legal documents filed and my mother does not know his exact income or the extent of which, is it possible that if my father could "keep" the marriage for the next few years that he could slowly start depositing large amounts of money into either my brothers and or my own savings accounts for "Future Savings" or even if it were "for a house in the future" without flagging some kind of external legal power that something could possibly be going on? 

    Again, I'm not an expert on law, but technically at this point since no divorce has been filed would it really be "strange" or "illegal" for my father to deposit large amounts of money into our accounts on a regular or possibly annual occasion? From what I know it's not illegal to give your kids money. I am not saying it is ethical what I am proposing, but my father has done everything for me and my family, now he's the one getting screwed in the end by my mother. Thanks for the help, please keep non-legal oriented comments to yourself such as, "that's immoral / wrong" or "women hater". With all due respect, I don't care about what's moral / immoral, I care about what's legal.

  • Mon, Apr 3 2017 11:31 PM In reply to

    Re: Hypothetical Money Transfers Pre-Divorce

    I suggest your father consult an attorney prior to engaging in anything like that. There are several risks involved in doing the plan you suggest. If the gift to you is not bona fide, i.e. there is an understanding you'd give it back after any divorce, then the assets are still marital property and subject to division in the divorce. If the gifts are bona fide then you would then own those assets, not him, and he'd be no better off that way than had your mother got them. Moreover, a court could have him make up to her the portion of the gifts that constituted her community property interest. These kinds of dodges around marital property division in a divorce have been tried before and the law has developed methods to help ensure they don't work to deprive a spouse of his/her share of the marital property. You are not the first to think of something like this, after all. He needs advice from a California attorney regarding what he may legitimately do to protect his interests and what each spouse is likely to wind up with should they divorce. 

    Anonymous2048:
    With all due respect, I don't care about what's moral / immoral, I care about what's legal.

    That's a shame. A lot of what I see wrong with the country today is exactly that kind of attitude: people who don’t care what is right or moral and who wouldn't hesitate to screw someone else if it will benefit themselves. 

  • Tue, Apr 4 2017 9:28 AM In reply to

    Re: Hypothetical Money Transfers Pre-Divorce

    Anonymous2048:
    I am rather seeking legal advice for my father.

    Lawyers should not dispense legal advice on internet message boards (see the Forum Rules of this site), and your father should not be the slightest bit interested in any "advice" obtained second hand off the internet.

     

    Anonymous2048:
    My father . . . has seeked extrordinare wealth with his own small business.

    Huh?

     

    Anonymous2048:
    Recently, for my own sake won't say how, but I retrieved all of my mother's data including texts, photos, voicemails, snapchats, insta, etc. new and deleted since the phone was first used.

    You're aware that you just admitted in a public forum to having committed a crime, right?  Since, to quote your own words, you "care about what's legal," this ought to be rather troubling for you.  On the other hand, that you committed this crime suggests maybe your statement that you "care about what's legal" is less than completely truthful.

     

    Anonymous2048:
    is it possible that if my father could "keep" the marriage for the next few years that he could slowly start depositing large amounts of money into either my brothers and or my own savings accounts for "Future Savings" or even if it were "for a house in the future" without flagging some kind of external legal power that something could possibly be going on?

    I have no idea what you're thinking about here, but there is no "external legal power" that will care in the slightest that he is giving money to you and your brothers.  The only exception to this would be the IRS, who will care that taxes are paid on the interest in any savings accounts and, if applicable, that the gift tax rules are followed.

     

    Anonymous2048:
    since no divorce has been filed would it really be "strange" or "illegal" for my father to deposit large amounts of money into our accounts on a regular or possibly annual occasion?

    "Strange" is not a term that has any legal meaning.  No, it would not be illegal.  Note, by the way, that "large" is an ambiguous term.

     

    Anonymous2048:
    now he's the one getting screwed in the end by my mother.

    He is?  Nothing in your post suggests this is the case.  What makes you think this is true?

    By the way, while what you're proposing isn't illegal, any community property that your father gives away without your mother's agreement will be chargeable against him if/when they get divorced.  You also realize that giving money to you or your adult brother is no different than giving it to your mother, right?  If he gives you money, you aren't obligated to give it back to him.

    If your father wants to get a divorce, he should consult with a local family law attorney.

  • Thu, Apr 13 2017 10:54 AM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
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    Re: Hypothetical Money Transfers Pre-Divorce

    I am not impressed with a scheme to help one parent hide assets from another.....

     

    Keep in mind that if Mom hit bottom, in theory YOU can be called upon to help her.in states wi h filial support laws. 



  • Thu, Apr 13 2017 11:00 AM In reply to

    Re: Hypothetical Money Transfers Pre-Divorce

    Drew:
    Keep in mind that if Mom hit bottom, in theory YOU can be called upon to help her.in states wi h filial support laws.

    And this is relevant to this thread how?

    Even in the states where such laws exist, they are RARELY enforced.

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