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Husband depleted stocks and savings. How do I find out where/what he did with it? Is recovering any of it poss? Any recourse?

Upland, CA |

Divorce granted, case remains in Court's Jurisdiction. Ex retired 2yr shy 20yrs from LASD and filed disability the same time. Just received pension docs which made me think about $185,000 taken from the accts. I noticed his chks were getting Bigger bi-wkly. Said, Overtime! I then notice the Horizon's savings and stocks were quickly being depleated. I asked, said he needed to borrow for Help on morgage, etc,.I figured it out! He was giving himself advances knowing we had court. Showed doc to Lawyer, told he can't, don't worry! Did nothing to stop it. CO him to vacate (3mo)by then accts were $0. 1mo later I was served 30day foreclosure notice. How much can I do on my own due to limted funds? Any recourse? Thank you! Sorry I need to throw this in re:his Overtime was once my sister!

Attorney Answers 3

Posted

If your ex prevented you from receiving your share of the community property in his retirement, then you can ask the court to issue an order that your ex compensate you for your loss. You will probably need an attorney to help you with this.

Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you because you have not yet retained me, and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is provided as GENERAL INFORMATION ONLY, and to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. If you want me to provide legal advice, then you must call for a Consultation. If you would like me to represent you, then a Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required. Office: (410) 381-1656. David Mahood, Esq.

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Posted

The divorce papers have a paragraph on the back of the summons called an automatic temporary restraining order (ATROS) that prohibits, among other things, one spouse from absconding with children or property in order to deny the other spouse that community property until the court can formally divide it.

Showing an ATROS violation is very fact and case-dependent. Getting the money back will depend a lot on forensic accounting. I had one case in the past where the husband violated the ATROS to squirrel away money from a bank account, but I caught it really quickly and the judge ordered him to put it back. Family courts also have special powers in cases where fraud and embezzlement can be proven to completely upend property division (e.g. you can get your husband's separate property, etc).

I'm in northern California. I'm not sure what you can afford, but let me know if I can help.

Andy

The answer provided above is based upon California and/or New York law and is based solely upon the limited information provided by the poster. No attorney-client relationship is created. A future in-person consultation may reveal additional facts that may change the answer provided.

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Posted

I showed my lawyers and the judge the financial documents along with pictures, reciepts and contracts where he was depleting the accts and purchasing several cars, rims etc. But to no avail. Lawyers did nothing . The judge did nothing. I also showed 5yrs of tax forms where he was filing joint, keeping the full return & in the rearrange of support allowed him to keep all 4 cars, sold my car, kept the money & told the judge he paid his bills with it. But because I had an accident & totaled a truck he said was also his, the judge ordered me to pay him $5000! Is it because he's a Deputy? Maybe if I was the one who cheated the courts would grant me favor? Or is Justice really fair?

Posted

Your ex husband committed financial fraud upon your community property.
There are procedures that can help you to fight him and they are connected with the issues of fraud.
Many ex husbands use the same tricks to deplete the community property funds prior to divorce.
Your ex husband is not an exception he reaffirms the rule and uses the same technics .
You need a lawyer that is a fraud examiner to assist u.

http://www.avvo.com/legal-guides/ugc/fraud-family-law--financial-discovery

Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE). The information contained in this website is provided for informational purposes only, and should not be construed as a legal advice on any subject. No recipients of content from this site,clients or otherwise,should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. The Karamanlis Powers Law Offices expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this website, weblogs, twitter, facebook, google+. *the certification is not a specialty recognized by the California State Bar.

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Posted

Thank you very much for answering and your time. I thought there was something I can do myself since my finances are exhausted. Newly divorced after 20yrs of marraige, stability, and financial ease, I had to seek government assistance. Since the courts still has jurisdiction over this case, this will help me. I must now try to enforce my support. Thank you so much!

Athina Karamanlis Powers

Athina Karamanlis Powers

Posted

u welcome good luck

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