I divorced two years ago.I was stay home mom at the time and had no clue about famiy financial situation. my ex has more than $100,000/y income, and we've been married more than 4 years, has a daughter together. he has two properties(one purchased within the marriage but he forced me signed quit claim deed).at the time I filed divorce, he already has a girlfriend for a year and hardly back home. he claimed that he took all the equity loan on the houses and every penny he can touch invest to overseas, and turns out they are all gone. even i know he was lied about money but I do not have evidence, and money to fight. so i accept his offer. now his new wife(mistress)filed divorce(only married one year), and he confess to me that he gave her all the money(cash) he took from our marriage in order to prove his love to her and provent me getting a cut of it, after they got married, the women refuse to give him back any penny, and treat our daughter badly.
I find out my ex-h gave most of our money to his mistress before our divorce, is there a legal way to claim?
Besides treating the daughter badly he got his payback. They usually do. Never allow this man back into his life the way he did you just to prove to another woman his love, BULL he was hiding the money and trusted her and guess what pay backs are He**. ,,K
I find out my ex-h gave most of our money to his mistress before our divorce, is there a legal way to claim?
He did you dirty and now someone else did him dirty. %26quot;What goes around comes around.%26quot;
Just make sure he pays you child support.
I find out my ex-h gave most of our money to his mistress before our divorce, is there a legal way to claim?
What goes around comes around.As he did you she did him.
I find out my ex-h gave most of our money to his mistress before our divorce, is there a legal way to claim?
If you could prove this, then yes you would have a right to sue.
I find out my ex-h gave most of our money to his mistress before our divorce, is there a legal way to claim?
The answer to the question depends on the State where you were divorced.
In a community property jurisdiction (i.e., TX, LA, NM, AZ, CA, NV, WA, ID, WI), a spouse cannot dispose of substantial community assets without the other spouse's permission. In CA, for example, this permission must be in writing, except for insubstantial gifts or assets disposed of for the necessities of life or in the ordinary course of busines.
So, assuming that you can prove that your ex disposed of the money without your permission, which shouldn't be difficult since it's now in his interest to admit this, and further assuming that you did not know of this circumstance at the time that final judgment was rendered in your divorce, and that you had no reasonable means of discovering it as part of the litigation, then you may be able to force your ex-husband to repay the money.
If you could actually trace property directly to the second spouse, you could even force her to disgorge that money back to you. But, that could be pretty difficult, since she's probably spent it already.
However, if you were divorced in a separate property jurisdiction (any other State not listed above), a spouse has the separate right to the control of his/her income during the marriage. So, if he determined to give money/property away to another woman, then as long as your ex-spouse didn't give assets away that he never earned, i.e., assets that you earned or brought with you into the marriage, then you have no claim.
However, if your ex-spouse actually misrepresented the assets available in the marriage at the time of the divorce, then you could possibly claim that your ex's failure to disclose the actual amount of marital assets made it impossible for the court to equitably distribute the marital estate, and therefore that your final judgment should be set aside, and the divorce distribution recalculated. This could get you substantially more money.
Finally, if you were divorced in a %26quot;fault%26quot; jurisdiction and the amount of fault is material to the distribution of property or spousal support, then you might be able to have the court set aside the divorce judgment and recalculate based, once again, on not having the true facts available at the time that the divorce was first granted.
I think that about covers it...where do I send my bill?
:)
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