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My wife and I our divorcing. If I sell martial property to pay for my impending legal fees. Is she entitled to any of it ?

Waukesha, WI |

Can I sell the items for any amount that I want?

Attorney Answers 3

  1. YES, 50/50. But if you have been served it may be too late to sell. There are court orders within the paperwork that ORDER you not to sell property. Personal or Marital. Especially if you have been served an Order to Show Cause for Temporary Hearing. There the wording is clear and has been signed by a judge or commissioner.

  2. Yes. Any asset sold or disposed of for one year prior to the divorce action can be "recaptured" in the divorce and included in the marital estate. You both must agree in order to sell any property. If you sell an asset, you will be charged with the value of that asset (regardless of what you sell if for) in the final property division in your divorce.

  3. Yes she is, and if you sell it at low prices, you may be liable for it's actual value, not the sale price.

    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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