Your mom should consult with a divorce attorney before moving any assets. This will only complicate the divorce. It will be up to the court to decide whether this money is part of the marital community or not.
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I agree with Attorney Reed that the marital character of this asset can be complicated and your mother will need to consult with a local divorce attorney. I have marked this question in the divorce category.
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When an application for divorce is filed in Connecticut, the judge issues standard orders which prevent the spouses from giving away assets.
As it stands right now, your mother hasn't filed for divorce. The assets in question are her individual assets and have never been held in conjunction with the spouse, there's nothing illegal per se about completing the gift to you.
However, family law in this area is resolved "in equity," which is a fancy way of saying the judge can do whatever seems fair. The court likely couldn't force you to return the money, but if your mom was able to sell the house because she was moving in with the house owned by her husband-to-be, and the marriage was fairly lengthy, the court could account for the gift by granting substantially all of the marital assets to your step-father, leaving your mother to live and provide housing out of her income, which may not serve her interests.
Because of this, she should really hire an attorney before making the gift. In any event, she will still be getting the advice she needs before the divorce action is filed, so there is no harm in speaking first to you.
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First, automatic orders are in effect once the other party is served with papers, the Judge does not Order them. Therefore, as prior counsel stated, they are NOT in effect yet.
HOWEVER, when the divorce commences, and if the soon to be ex hires an attorney who then conducts discovery, any transfer of assets "in contemplation of divorce" can be considered a contempt. I have argued that many times and been successful many times. You cannot dissipate or transfer your assets when you know you are going to be divorced.
If your mom would like to speak with me, I have had several matters in Waterbury and would be happy to assist. Feel free to contact me at email@example.com or call me at 203-377-4111 for a consultation, free of charge. Regards, Thomas McCabe
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