We are about to go through a divorce. My husband is away on business and will talk about this over the phone with me (the fact that all our stuff is in his father's name so I can't touch it). He and his father are also running a fake business and making good money but all this money goes in an account with both names on it, once again so I can't touch it. He will also discuss this with me over the phone. I am recording our conversations. How can I use this? for instance: can I use it to get what is rightfully mine in a divorce? Can I use it to scare him into giving me what's mine? And can I hold it against him so he can't hurt me?
2006-08-25 03:45:57 · 11 answers · asked by annie e 1 in Politics & Government ➔ Law & Ethics
State is MICHIGAN
2006-08-25 03:49:07 · update #1
The transfer by gift or otherwise (free or without full compensation) of property by your husband to his father or anyone else is, in law, a FRAUDULENT TRANSFER. It cannot affect your rights to property and a divorce court can and will apportion it as ordinary marital property. Your divorce lawyer should be able to help. I'm afraid this is not do-it-yourself stuff -- but if you have to go into court without a lawyer, at least bring a printout of the law linked to below.
It appears that your husband may have engaged, with his father, in tax evasion. Do not sign any JOINT TAX RETURN with your husband. (You may possibly apply for INNOCENT SPOUSE RELIEF for any tax returns you signed in the past in ignorance of any evasion.)
Michigan is a "one party" state for recording conversations. You may be able to use a recording for some purposes even though the other party does not know about it being made.
[As usual, people from all over the country who don't have law degrees are opining on Michigan law. And misleading you in the process. The only good advice I see in any of the other answers is "hire a lawyer". Inevitably the cost will come out of the marital assets, including what your husband has hidden. Given your husband's dodgy tax situation, you will need a lawyer versed in tax law who can negotiate strategically with your husband's lawyer. You should not post any further info on any public site. Discussions with your lawyer -- and only your lawyer -- are privileged. You don't want the IRS putting a lien or levy on all the assets before these issues have been resolved, do you. They will, inevitably, get their share of tax, penalties and interest in due course, but these will be less if voluntarily declared.]
2006-08-25 03:53:58 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I can't tell you what the laws are about your recording the conversations. In my state, you have to have at least one party's agreement, but I don't know about Michigan...If it is illegal there, you can be in serious trouble.
Every state has their own tweak on what can and cant be held as marital property, so you MUST get a lawyer right now. If you can't afford it, you may be able to get your husband to pay for it, so go make an appointment to see one right now.
If the property was your husbands, and he transferred it to his father for the purpose of keeping it out of your hands, that is called FRAUD and those kinds of transactions can be undone. Don't threaten your husband with anything--let your lawyer do the talking. I know it's hard, because you are caught up in it, but the best way of preserving your rights is to get a lawyer. Good luck
2006-08-25 10:58:10 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, you can take what is rightfully yours by law. As long as your marriage contract remains silent, the conjugal partnership of gains rule is effective. This means that the present and future property by both partners from the time of their marriage should be divided equally among themselves. As long as you can certify that you participated in the activities of your husband or that you are his legal wife when the business occurred, you can get one fourth of the fruits of that business. (1/2 to the father, 1/4 to your husband). Regarding your stuff, it can't be placed on the name of his father as long as you can prove that his father awarded it as an act of grace to you as a couple. The act of grace belongs to the property you have together and you take 1/2 of its value.
You can use the fact that the business has legal sanctions to scare him because if you can prove in court that the business is fake, it will be stopped and could be confiscated.-- its either he gives you a share or no one gets anything. You can hold it against him and you can compel him to be good and just with your divorce.
2006-08-25 11:02:47 · answer #3 · answered by Flordeluna A 2 · 0⤊ 0⤋
Your recording my not be admissable. Some states would declare what you did an invasion of privicy. Givin the way things are set up I am sure that your lawyer could convince the IRS to audit both of them. What they are doing is kinda illegal. The down side is that if you married him BEFORE he set things up like this then you may be in trouble too.
2006-08-25 11:05:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Hire a family law attorney and provide the information you posted. the attorney will get your share of the business, assets, etc.
Do not attempt to do the divorce on your own. You will lose out big time.
2006-08-25 10:51:23 · answer #5 · answered by heshootshescores3 4 · 1⤊ 0⤋
keep those tapes comming and make sure you put dates and times on them and send them to your lawyer your right everything is in his dads name so you wont get what you should and they will listen to these tapes and see what he and his father are up to and if you want you could turn in his fake company to the IRS
and about what the guy two spaces up said about its against the law to record phone calls he is wrong if thats the case then whats his name who killed his wife and unborn baby would be out and his misstress would be in jail he has no clue as to what he is talking about
2006-08-25 10:53:39 · answer #6 · answered by the ole ball and chain 4 · 1⤊ 1⤋
Your husband is being dishonest, not only to you but also to many, say...........IRS? I would get a good, good divorce lawyer on contingency and take the man to court.
2006-08-25 10:53:22 · answer #7 · answered by skyeblue 5 · 1⤊ 0⤋
Hire a lawyer. You are going to need one.
2006-08-25 10:51:24 · answer #8 · answered by AzOasis8 6 · 0⤊ 0⤋
any and all thing accumulated when you was together is subject to being split up between you two. you just need a dam good laywer
2006-08-25 10:51:35 · answer #9 · answered by ? 6 · 0⤊ 0⤋
my ex sisier in law did the same thing and she got away with it
2006-08-25 11:01:34 · answer #10 · answered by Anonymous · 0⤊ 0⤋