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

Asked over 1 year ago - 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)

  1. Andy I Chen

    Contributor Level 13

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    Answered . 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... more
  2. David Raymond Mahood

    Pro

    Contributor Level 19

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    Best Answer
    chosen by asker

    Answered . 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/... more
  3. Athina Karamanlis Powers

    Pro

    Contributor Level 17

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    Lawyer agrees

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    Answered . 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-fami...

    Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE). The information... more

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