[Maregi2002]

I'm divorcing my husband. He harassed me and has threaten me to move out of our house because it is on his name only! After I had legal advice to stay in the house, he decided one day to take everything out if the house when I wasn't there, disconnected water and electric and transferred the property to his parents's business name. He also has ownership of shares on their business as I invested on that business before marrying him but because his parents own the company he was able to transfer my shares to his own name. Our state is Florida Sumter County and we have been married for 3 years and a daughter of 9 1/2 years of age.

[JudyKayTee]

You say you are divorcing - the Court should have advised both of you not to transfer assets during the pendency of the action.

After the divorce was started legally he removed assets?

Ask your Attorney to go back to Court, hold him in contempt, reverse any and all transfers.

[AK lawyer]

Maregi2002, I see that you failed to ask us a question. Going to court to void transfers, and hold your husband in contempt is obvious. What is it you want to know?

And how were his parents able to transfer the shares? Did they fraudulently create documents suggesting that you had authorized such a transfer? If so, your lawyer should have little difficulty in getting that set aside as well.

[Maregi2002]

Thank you so much!! Oops, the question I didn't write was somewhat answered by AK Lawyer. When I retained the lawyer I was staying at my friends house, then I came back with our daughter. In December/2012 he wanted me to sign UNCONTESTED divorce stating that all assets were divided equally but he didn't want to sign the list of assets each one would keep and also the shares I invested into his parents business prior of our marriage, after I sold property I owned before knowing him. The problem is that the business is in Spain, but I requested copies for proof like the closing on the house I sold in order to invest and bank statements showing some transfers. The other transactions I sent prior to 2006, the bank could not provide copies since has been more than 7 years! But luckly I have 4 witnesses to testify. My lawyer says I have to start a civil case against him and his parents, since those transactions/investment were done before we got married and he took every single document I had in my desk in December/2012. The dissolution of marriage was filed in February/2013 and he moved all furniture and disconected utilities yesterday (Friday) Can my lawyer filed a fraud petition/motion or something like that to make the judge see what type of man I married? What he is doing to me and his daughter is so unfair. He wants to leave us homeless. The reason he is doing all that is because I didn't agree in sign the papers for UNCONTESTED DIVORCE.

[Fr_Chuck]

Court fights can take years, but you will show proof that he is doing it, to hide money and property. But yes your lawyer willl show all of this in court. If they try to evict, just show the eviction court the divorce papers, ( well have attorney do it) and show transfer dates of property and that the housing court has no jurisdiction since this is a divorce issue.

Your attorney may want to file to block the transfer of the property or put a lien on it till divorce court is settled

[Maregi2002]

Maregi2002, I see that you failed to ask us a question. Going to court to void transfers, and hold your husband in contempt is obvious. What is it you want to know?

And how were his parents able to transfer the shares? Did they fraudulently create documents suggesting that you had authorized such a transfer? If so, your lawyer should have little difficulty in getting that set aside as well.

In 2003 his parents were raising money to grow their business in Spain (entertainment /hotel) and they convinced me to sell my house to become an investor and at the time I was expecting our baby and after selling my home, my husband (significant other at the time) said I could ONLY invest in his parents business if his name was involved. After the closing I opened a bank account under both of our names otherwise I couldn't invest. I had sent 70% prior to 2006, 10% in 2005 and in 2006 he closed my account and transferred (the balance) 20% to his name without my consent and told me weeks later what he had done which made me very angry. He became very controlling and made threats of breaking up with me and keeping everything. On top of that I am from another country and he could deport me and keep our daughter in US since we were not married yet. He used that against me all the time. If I didn't love him and care that my daughter grows with both of her parents I could have left with her in the middle of the night, but he wouldn't rest until he found his daughter. We have been married for 3 years now and he had signed I-864 when he filed my petition with USCIS. Now he took my brand new car (he never allowed my name on it or on car insurance), home and all money I invested into that business which his parents never issued any certificate on my name! He is the one receiving all dividends from the investment. The shares went up 300% since 2006. When I didn't sign UNCONTESTED DIVORCE he said he would spend every penny I had invested in lawyers to get custody of our daughter since everything is in his name only (I recorded this conversation, but I guess I can't use it?? ). I am in a very difficult situation and penniless unable to hire a civil case lawyer to fight for my rights. Sorry for the long story, but there are so many details to put in short lines. Is he allowed to transfer our marital home to his parent's business name? The same business I invested which he took everything from me? I am confused why he would do that... When I came back home, there was a big sign on the door stating: this property belongs to XXX (business name) and the locks are changed. I called a locksmith and the house is empty, no electric or water! Now I am back with a my girlfriend's house with my daughter and he is with his parents taking his side. I need big help and I feel that my lawyer is not doing much on my interest and my daughter's as she keeping saying that is more likely the judge will decide on 50/50 time share with our daughter but she doesn't want to live with him. Thanks for reading...

[Maregi2002]

You say you are divorcing - the Court should have advised both of you not to transfer assets during the pendency of the action.

After the divorce was started legally he removed assets?

Ask your Attorney to go back to Court, hold him in contempt, reverse any and all transfers.

Thank you! The dissolution of marriage was filed on February and I found out yesterday when I came back home. We didn't even had a mediation yet. I don't understand why he did that, I came to our house to find a yellow sign in front of the door saying on his own writing: this property belongs to xxx - the same business I invested in, which I never received the certificate on my name, but his parents allowed to be issued on my husband's name. No electricity or water in the house. I'm confused! I know he is doing something fraudulent. Something smells really bad!

[ScottGem]

Let me sum up here.

1) Since there is a pending divorce case, his actions in transferring assets is in contempt of court. I'm surprised your attorney did not file a Lis Pendens on the house. So your attorney should be in court Monday morning seeking court orders to void all transfers of assets and to return the furnishings an belongings. Did he change the locks?

2) The problem with the stock in the family business is proving you put the money into the business. If the investment was made in his name you will have to prove the funds came from you.

3) If he shut off the utilities report it to the court they should order them immediately restored. It may provide you wilt a lawsuit for forcible eviction.

Haven't you talked to your attorney? Why aren't they telling you about all this?

[dontknownuthin]

Be aware too that as his spouse, even if things were purchased during the marriage in only one of your names, the other typically has some rights to that property. The marital estate is owned by both of you, so if funds are used by one of you to purchase something during the marriage, it is assumed that the source of the funds was the marital estate. His income is community property in a marriage, as is yours. So, he doesn't have the right to just take that car, it needs to either be agreed to or adjudicated for you to give up your interest in that vehicle, home furnishings, etc.

Call your attorney and ask him to go into court for emergency orders immediately as the others have recommended. Don't listen to your ex about what he can do and can't do. He's breaking laws left and right.

The American courts may be limited in what they can do about the investment out of the country but if moneys were transferred from the US, from your marital estate to this foreign interest and he cannot demonstrate that you shared in the full benefits of that investment, he may have to reimburse you half for it. Your lawyer will have to sort this out.

Basically what your husband is doing is depleting the marital estate without your permission during the pendency of the divorce action, which is strictly prohibited. You can both spend money to maintain the estate as it is, but cannot dispossess the other of anything during the pendency of the divorce.

[Maregi2002]

Let me sum up here.

1) Since there is a pending divorce case, his actions in transferring assets is in contempt of court. I'm surprised your attorney did not file a Lis Pendens on the house. So your attorney should be in court Monday morning seeking court orders to void all transfers of assets and to return the furnishings an belongings. Did he change the locks?

2) The problem with the stock in the family business is proving you put the money into the business. If the investment was made in his name you will have to prove the funds came from you.

3) If he shut off the utilities report it to the court they should order them immediately restored. It may provide you wilt a lawsuit for forcible eviction.

Haven't you talked to your attorney? Why aren't they telling you about all this?

I sent my lawyer an e-mail as soon as I found out yesterday and since is weekend I decided to search for some answers and compare with what my lawyer will do. She is not in her office on Fridays. He changed the locks and the first time he spoke to me about divorce he forced me to leave as he made threats that he would do everything possible so I wouldn't be able to renew my conditional green card at the end of 2013. I was afraid, but when I found out that since we have a daughter together, I can have a waiver to renew on my own. Then I retained a lawyer and she said I could go back home, and 3 days later he did that - change locks, remove everything, shut off electric, water and left the sign on the door to intimidate me. I am back at my girlfriend's house with my daughter. I know it is going to be a long battle. Thanks for answering.

[Maregi2002]

Be aware too that as his spouse, even if things were purchased during the marriage in only one of your names, the other typically has some rights to that property. The marital estate is owned by both of you, so if funds are used by one of you to purchase something during the marriage, it is assumed that the source of the funds was the marital estate. His income is community property in a marriage, as is yours. So, he doesn't have the right to just take that car, it needs to either be agreed to or adjudicated for you to give up your interest in that vehicle, home furnishings, etc.

Call your attorney and ask him to go into court for emergency orders immediately as the others have recommended. Don't listen to your ex about what he can do and can't do. He's breaking laws left and right.

The American courts may be limited in what they can do about the investment out of the country but if moneys were transfered from the US, from your marital estate to this foreign interest and he cannot demonstrate that you shared in the full benefits of that investment, he may have to reimburse you half for it. Your lawyer will have to sort this out.

Basically what your husband is doing is depleting the marital estate without your permission during the pendency of the divorce action, which is strictly prohibited. You can both spend money to maintain the estate as it is, but cannot dispossess the other of anything during the pendency of the divorce.

Thanks for the great input. I really hope justice will be served. He is being vengeful just because I didn't sign uncontested divorce papers. On top of that he is hurting his daughter as well. I'm hoping my lawyer will work for both my daughter and my rights. Thanks again.

[cdad]

I sent my lawyer an e-mail as soon as I found out yesterday and since is weekend I decided to search for some answers and compare with what my lawyer will do. She is not in her office on Fridays. He changed the locks and the first time he spoke to me about divorce he forced me to leave as he made threats that he would do everything possible so I wouldn't be able to renew my conditional green card at the end of 2013. I was affraid, but when I found out that since we have a daughter together, I can have a waiver to renew on my own. Then I retained a lawyer and she said I could go back home, and 3 days later he did that - change locks, remove everything, shut off electric, water and left the sign on the door to intimidate me. I am back at my girlfriend's house with my daughter. I know it is going to be a long battle. Thanks for answering.

Are you working at this time? If not then he may be charged with abandonment of the child and spouse for failure to provide.

[AK lawyer]

... My lawyer says I have to start a civil case against him and his parents, since those transactions/investment were done before we got married . ...

I think your lawyer may be correct on this. As I understand it, you were not yet married at the time and had a joint bank account from which he funded his investment in the Spanish business. It's been some 7 years, so depending on which state you were in at the time, you should also be wary of the applicable statute of limitations. You need to file before the SOL cuts off your right to sue.

Ask your attorney to check on the SOL, and to help you file the lawsuit before the SOL is tolled. You should ask the divorce court to require him to pay the costs and attorney fees necessary to bring such an action.

[ScottGem]

Does he have an attorney? I ask because I can't imagine an attorney advising him to do all of this. As dontknownuthin said, he appears to be breaking laws left and right.

One thing I would advise is to return to the house and call the police to let you in. I just found something that said if you don't try to get in, even by breaking a window, he can cite you for abandonment. This was from a South Carolina Divorce attorney, so I don't know if the laws in FL are different. At the very least you should take a picture of that notice, if its still up.

My worry here is that he is getting advice of counsel, and is doing things that may appear to be illegal on the face of it, but he does have some legal goal behind it. I would really push to contact your lawyer. A good divorce attorney will be available 24/7 in cases like this. I'm sure he deliberately acted on a Friday because he knew you could do nothing in the courts until Monday. Another reason, I worry that he is not acting crazily.

I also agree with AK, that the investment with the family business may need to be adjudicated separately.

In any case, good luck and please keep us posted.

[Maregi2002]

I think your lawyer may be correct on this. As I understand it, you were not yet married at the time and had a joint bank account from which he funded his investment in the Spanish business. It's been some 7 years, so depending on which state you were in at the time, you should also be wary of the applicable statute of limitations. You need to file before the SOL cuts off your right to sue.

Ask your attorney to check on the SOL, and to help you file the lawsuit before the SOL is tolled. You should ask the divorce court to require him to pay the costs and attorney fees necessary to bring such an action.

Thank you! WHAT IS SOL?

[Wondergirl]

Thank you! WHAT IS SOL?

Statute of Limitations

Wikipedia = "A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated."

http://en.wikipedia.org/wiki/Statute_of_limitations

[Maregi2002]

Does he have an attorney? I ask because I can't imagine an attorney advising him to do all of this. As dontknownuthin said, he appears to be breaking laws left and right.

One thing I would advise is to return to the house and call the police to let you in. I just found something that said if you don't try to get in, even by breaking a window, he can cite you for abandonment. This was from a South Carolina Divorce attorney, so I don't know if the laws in FL are different. At the very least you should take a picture of that notice, if its still up.

My worry here is that he is getting advice of counsel, and is doing things that may appear to be illegal on the face of it, but he does have some legal goal behind it. I would really push to contact your lawyer. A good divorce attorney will be available 24/7 in cases like this. I'm sure he deliberately acted on a Friday because he knew you could do nothing in the courts until Monday. Another reason, I worry that he is not acting crazily.

I also agree with AK, that the investment with the family business may need to be adjudicated separately.

In any case, good luck and please keep us posted.

Thank you! He has a female lawyer and when he brought me uncontested divorce papers last year for me to sign last year he said if I didn't sign those papers he would spend every penny I invested into that business and I recorded the conversation. That is exactly what he is doing... spending... I took the sign with me but there is no way to stay in a place with no water or electricity. He forced me to leave and made threats of doing everything for me not to remove my condition on my green card. The house is not on my name but it doesn't matter... still marital property and has been 4 months since the last mortgage payment. He planned everything and I found out he has someone else. He is spending money on her but never gave $1 towards our 9 1/2 year old daughter. I'm afraid he will get 50/50 time share with her even though she doesn't want even see him!
I am trying to find an attorney willing to work on contigency to get my money back, but no luck where I live.
Thanks for reading my words of despair.

[ScottGem]

If he has an attorney, hopefully he hasn't discussed with the attorney his plans.

In any case, you need to talk to your attorney first thing tomorrow morning.

[Maregi2002]

Are you working at this time? If not then he may be charged with abandonment of the child and spouse for failure to provide.

Thanks for the input. I am cleaning houses for a rental property management but it is not enough for everything including legal fees. On top of that the stress is keeping me from doing a good job and pain takes over my whole body.

I agree about "abandonment of the child" but not "abandonment of the spouse", since I left the marital home for couple weeks after he forced me to. He didn't leave until I came back, then he did all of that, leaving the house empty with no water/electric.

[Maregi2002]

Statute of Limitations

Wikipedia = "A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated."

Statute of limitations - Wikipedia, the free encyclopedia

I googled "statute of limitations" but I couldn't understand the meaning of SOL :). Just realized it is the abbreviation for the three words. Duh! :)