I have heard that when you file for divorce that you can ask for your spouse to list any assets they might have...bank accounts, investments, stocks, bonds, etc. Is this true and how does that work? How can I make sure he really lists everything and isn't hiding anything? If you have ever done something like that can you explain it? I think my husband has been hiding money for at least a few years, maybe even our whole marriage.
2007-03-25
12:31:05
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15 answers
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asked by
love my life
2
in
Family & Relationships
➔ Marriage & Divorce
I'm not a gold digger....marriage is 50/50 is it not?
2007-03-25
12:38:20 ·
update #1
And to top it all off he made our son and I leave so we need to be able to get back on our feet.
2007-03-25
12:39:39 ·
update #2
Your lawyer should be able to hire investigators who are well versed in locating assets unless he hid them in offshore (out of the country) accounts. Also if you find out later that he was hiding money you can appeal the ruling based on those grounds.
2007-03-25 12:37:41
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answer #1
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answered by Inquiring mind 2
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Who is in a better position to know what he was earning and some idea of his net worth? You lived with the man after all. So you have him furnish a list of his assets as he is required to do. From my experience these have to be sworn to an noratized. If he lies he opens himself up to perjury and possibly other criminal charges. You have to reciprocate with a list of your assets.
Look at the list and see if it looks reasonable (retirement accounts, CDs, savings, stock and bonds, real estate, etc). If it is not reasonable then the courts (lawyer can get this done?) should be able to require statements of accounts to verify accuracy. If everything appears to be kosher you probably go with it to avoid unnecessary expenses.
If he owns his own business then things get very squishy. What is the business worth? It may take a forensic accountant going through the books to make a determination of value. And even accountants may disagree on value. All this is very expensive.
So my advice is get the list before you make any assumptions. Once you know what he is disclosing you may have a better idea if he is coming clean (or nearly so). You should not jump to any conclusions during a time of stress and anger because of what is going on. Take the anger out playing tennis or golf, etc. Approach this with a clear head and rational mind. That should get you the best results.
BTW - in some states some property may not be subject to being split. For example, you inherited $100,000 from your father and have kept this separate from other marital assets. It may be subject to being excluded (state laws differ - that is why you need an attorney).
Good luck
2007-03-25 20:36:51
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answer #2
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answered by Roger C 5
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In the US it is the law that each party must list all of their assets. This is because all assets acquired during the marriage are common property and to be shared 50/50. Don't let people who call you names bring you down: every man and woman has a right to know what their spouse is bringing in, and what they do with it.
That said, people do hide money. Safe deposit boxes, yes, but offshore accounts in the Carribbean are popular nowadays. And Switzerland has always been popular. Look for receipts and statements, perhaps a PO box. Tell your lawyer your suspicions and he/she should have some suggestions.
2007-03-25 19:42:40
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answer #3
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answered by Singinganddancing 6
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Having recently gone through this I can tell you with no hesitation that they will make you both fill out a financial disclosure statement and he HAS to list all of his earnings and assets and everything else. If he lies then he can get into trouble from the court. You should make a list of things that he has purchased lately, any money in joint accounts, and let your lawyer (if you don't have one, GET ONE) know that you think he may be hiding money somehow and he will look into it.
One thing that you DEFINITELY want to do is make a list of property that you want from the house and if you have a marital home get the value on that as well.
If you have any more questions about divorce, send me an email. I will be happy to talk to you and let you know how things went for me and give you any advice that I can for making it through this with your sanity.
2007-03-25 22:50:17
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answer #4
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answered by Anonymous
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Honey, no one can make you leave if you don't want to. Sounds like you had a dysfunctional marriage from the beginning. How can you not know how much money is coming into the family? There are lawyers that will be glad to search this for you and take most of the findings as a fee, plus drag out your divorce for 4 years. (that is what happened with my friend)
2007-03-25 19:52:00
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answer #5
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answered by lily 6
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Have your attorney serve him with a Notice of Rights summons. He then has to list all assets. If he refuses they can be seized by the sheriff ( if the sheriff can find them, they don't have the moxie to alway do that though) . Otherwise you can pay a PI to find assets as you mentioned, and then seize them.
Run a credit report on him while you still can. You have his ssn.
Divorce sucks. I've been there too!
2007-03-25 19:43:58
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answer #6
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answered by Credit Expert 5
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Unfortunate it is very hard to fine when he is putting it in someone else’s name that is what happen to my sister. Her husband had a mistress for several years and was hiding there money in her account she did not fine out the truth after many, many years later to this day it still kills her to recall this betrayal.
2007-03-25 19:44:15
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answer #7
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answered by Ms Pollyanna 6
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You need to have your lawyer do what is called a "discovery" on ALL of your husband's financial holdings. If he has anything anywhere it will be found and will become part of the marital assets of which you are entitled to half of.
2007-03-26 00:14:35
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answer #8
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answered by Anonymous
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i know this is late, but it is some information i wish i had. you can get an ex-parte order that requires him to pay your rent on a temp basis. and you could have had him evicted via court order and still required that he pay all the bills to give you a head start. and you will need a private investigator to find all his assets. either you or your attorney can hire one. btw......there is a clause that may require him to pay for your attorney's fees.
2007-03-25 19:47:58
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answer #9
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answered by Bella 5
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good luck on that one. sure they hide things before a divorce, but just try to find it or prove it.
2007-03-25 19:38:45
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answer #10
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answered by jude 7
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