Can you sue your husband after the separation, if he dispose of one of the marital assets and keep the money? theft or what?

Asked about 1 year ago - Whittier, CA

my girlfriend is married but separate from the husband for two years. She just found that the guy sold on of their properties. Reviewing the transaction with the title company, she sign a quit claim deed, she says without knowing what it , she do not speak English. Can you sue him for theft and invalidate the other quit claims on the other properties?

Attorney answers (3)

  1. Shazad Z Omar

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Has your girlfriend filed a divorce against her previous spouse? There are numerous questions that need to be answered regarding this situation. It is imperative to speak to an attorney immediately to protect any further interests your girlfriend has in the community assets held by the marriage.

    This response is not intended, nor should it be construed as legal advice. Any information provided is for... more
  2. Richard Forrest Gould-Saltman

    Contributor Level 19

    1

    Lawyer agrees

    Answered . A. It's not "theft", since he had title to the property, and it was community property at the time of sale.

    B. She's entitled, however, to find out from him what happened to the money, and to her share of it. She'll also be able, if she follows the appropriate process, to keep the other properties from being sold without her consent. She'll need to speak to an experienced family law attorney to walk her through the process, NOW, because until she takes those steps, he can sell the properties, take the money and run. He can't "run" with real estate, so it's important for her to act NOW.

  3. Scheherazade B Rastegar-Djavahery

    Contributor Level 14

    Answered . I agree with counsel and recommend contacting an experienced divorce attorney as soon as possible. Good luck.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing Separate Property in Divorce

Separate property generally refers to property that is acquired before marriage. However, gifts and inheritances are also separate property.

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