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ExSpouse is actively transferring to his family, community property that is still being disputed in family law court.

Fremont, CA |

ExSpouse is actively transferring to his family, community property that is still being disputed in family law court. The Family Law case has been continued indefinitely.
Meanwhile he is transferring assets out to his family and friends. The case management conference, the judge has told him not to. But nothing is documented in court. And no one enforces it.
How do I enforce him to follow the judges' verbal order?
Meanwhile anything he thinks he is owed, he sues me in a separate court (small claims, civil court).

Attorney Answers 4

Posted

File a motion to obtain an order to have him stop, and to hold him in contempt. If you don't act, it may be too late when you finally get to court.

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

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Posted

Unfortunately, there is no easy do-it-yourself solution to this problem. If there are significant assets that he is transferring, then you need to hire an experienced family law attorney to assist you. There are certain automatic temporary restraining orders in place once the divorce case begins, which your soon-to-be ex spouse is violating. The bad news is that if you do not hire an attorney before all the property is transferred, then it may all be gone by the time you get to trial and it will simply cost you more money to unwind all of the illegal transfers.

By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not intend to make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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1 comment

Hillary Johns

Hillary Johns

Posted

Ms. Norton is right. Don't wait on this. You don't want the paper trail to get cold or otherwise convuluted. Mr. Kitta is also right that you can file a motion for sanctions or request attorneys fees. Take notes and make sure to hire a good lawyer. Ms. Johns is a lawyer although she is not your lawyer unless you have consulted with her or signed a fee or letter agreement confirming her representation of you. This post does not constitute legal advice and no attorney client relationship results.

Posted

Your husband is violating the Automatic Temporary Restraining Orders and you need to bring this to the attention of the court. The way to do that is by bring a motion (a formal request) to the Judge's attention asking him for relief in stopping this from happening. For example, you could ask the judge to issue more specific restraining orders so they are more easily enforceable by contempt, things of this nature. You really need to hire an attorney to assist you with this if you are able because this is a rather complicated situation.

Marshall Waller may be reached at 800-655-4766 or by email at: mwaller@lectriclaw.com. Follow him on Twitter: @feinbergwaller. Responses to questions posted by Mr. Waller on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and the response to the question above is not legal advice and it does not create an attorney-client relationship. If you would like to obtain specific legal advice about this issue as it pertains to your particular situation you must contact an attorney who is licensed to practice law in your state.

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Posted

When the Summons for Petition for Dissolution was filed and served there were temporary restraining orders contained in thr Summons which prohibit your ex for transferring community property except for the necessities of life. From the starting point, he is already in violation of the outstanding court order. You may want to get a transcript of the Case Management Conference, while the Judge's comments may not have been in the form of an actual order he or she was in fact. reminding your ex of the fact he or she could not engage in such activity. The transcript would do away with any possibility that your ex can claim to be acting innocently and somehow on behalf of the community. To truly put these affairs in order I would seek out additional and more precise restraining orders specifically identifying the community property in dispute. For the cost and expense of filing a motion you can request sanctions and receive attorney fees from the Court. Since your ex is ignoring the outstanding temporary restraining orders as well as the Court's admonishment, I believe you are likely to have success.

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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1 comment

Hillary Johns

Hillary Johns

Posted

Call Mr. Kitta. He's a lawyer in your area. He's right and not to mention the harassment which seems to be developing with your ex-spouse.

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