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/Client Relationship with you because you have not yet retained me, and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is provided as GENERAL INFORMATION ONLY, and to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. If you want me to provide legal advice, then you must call for a Consultation. If you would like me to represent you, then a Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required. Office: (410) 381-1656. David Mahood, Esq.
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.
The answer provided above is based upon California and/or New York law and is based solely upon the limited information provided by the poster. No attorney-client relationship is created. A future in-person consultation may reveal additional facts that may change the answer provided.
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.
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