My husband and I are planning on divorce. His assets are under his parents name and he earns as much as I do. Can I claim any?

Asked about 2 years ago - Atlanta, GA

He is physically not performing well and has financial issues. He wants 100% of my money earned into his pocket.

Additional information

We had physical fights several times, but he has promised to not repeat it again and has never done since.
We almost always had small fights.
He has never been sexually active unless maybe once.

Attorney answers (4)

  1. Samuel Jackson Siemon

    Pro

    Contributor Level 6

    4

    Lawyers agree

    Answered . I believe the question that you are asking is, do you have any claim to assets that are in your husband's parent’s name. The short answer to that question is no.

    That being said, if you can show that he transferred those assets to his parents to avoid dividing them in the divorce, the court could offset those assets from other marital assets or order him to reimburse you for the value of those assets. To fully answer this question, we would need to know more facts about your situation.

  2. Ikemesit Amajak Eyo

    Contributor Level 18

    3

    Lawyers agree

    Answered . There are factors that must be taken into consideration in determining how assets will be divided. First, it must be determined if the asset is marital or non-marital. Then there is a determination of how to equitably divide all of the marital assets and liabilities. Point is, it is impossible to answer your question on a website.

    Considering the fact that you are anticipating a contested divorce (with a fight over assets), it is highly recommended that you hire an attorney. Said attorney can help you assess what assets are marital and how to argue that they should be divided. The sooner that you hire said attorney, the sooner you can begin the process.

    I hope this information helps answer your question(s).

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... more
  3. Shalamar Junna Parham

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Your question raises several issues as already outlined by my colleagues. It sounds as if you each want to assets from each other. An experienced divorce attorney will be able to help you get what is fair and equitable from your divorce.

    Shalamar J. Parham
    Atlanta Divorce Attorney

    The above is for general information and is not legal advice. No attorney-client relationship or attorney-client... more
  4. Glen Edward Ashman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Can you claim assets from his parents? No.

    Can he claim your assets? Maybe.

    Can you challenge transfers he may have made to his parents (if he did)? Sometimes, depending on details we don't have.

    What is apparent is that you are going into a contested divorce. Without a lawyer your chances of a favorable result shrink immensely.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more

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Divorce

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

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