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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?

Atlanta, GA |
Filed under: Divorce

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

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. 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 does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

  2. 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.

  3. 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 privilege has been created by this response. For legal advice regarding the facts of your case, consult with an attorney.

  4. 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 communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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