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Spending marital assets before filing divorce.

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Latest post Mon, Sep 28 2009 1:42 PM by kath21. 3 replies.
  • Sun, Sep 27 2009 1:55 AM

    • Mannie85
    • Not Ranked
    • Joined on Sat, Sep 26 2009
    • CA
    • Posts 14

    Spending marital assets before filing divorce.

    I understand everything in Ca is community property however; I came across an office worker who claims she has spent all the money she had saved with the husband prior to filing the divorce. To me that sounds like she is trying to hide the money but I was wondering if they can get her for that since they had not started the divorce process, not even a seperation.

  • Sun, Sep 27 2009 9:13 AM In reply to

    Re: Spending marital assets before filing divorce.

    You'd have to prove she has the money hidden somewhere.  And even if you do, they are still married, correct?  There's really no law against spending the money in the joint bank account while you are still married.  The arm of the law only reaches so far.

  • Sun, Sep 27 2009 12:47 PM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Spending marital assets before filing divorce.

    If the law freezes a financial picture on say date 1/2/3 and sombody clean out accounts or rearranges things prior to said date they have decent odds of pulling it off --some states have a look back feature--others do not---you need to check if CA has a look back prior to filing..

  • Mon, Sep 28 2009 1:42 PM In reply to

    • kath21
    • Top 25 Contributor
    • Joined on Sat, Apr 18 2009
    • CA
    • Posts 4,451

    Re: Spending marital assets before filing divorce.

    So where was the money "spent"?  If it was all wasted on drunken parties and bar-flying, well not much one can do to get it back.

    Bought a material object?   It's marital property and will be addressed in the settlement.

    Hidden in another bank account? Still marital $ needing to be addressed in settlement; if can be found.  However, if a spouse refuses to say where that money is, a judge MAY decide to make her responsible for half to the other spouse.

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