Can I ask for more?

[soon2bfree07]

What is the name of your state (only U.S. law)? MD
My ex and I are about to go to our final divorce hearing.
My attorney was able to prove substantial marital dissipation by my ex.
He has no other assets left, except a home he purchased in another state but has it titled in someone else's name. He paid cash so there is no mortgage.
He does receive a monthly pension amount which I am entitled to a portion of it, but since there are no assets left, can I ask for and is it usually given, a larger portion of the pension? Im seeking a way to have him pay me back for my share of the marital assets.
He is only 40 yrs old so can the judge impune his income? He is currently in the Army National guard but was pulled off of active duty by the judge's request so that he be available for trial.
And is there any way of going after the property he bought in the other state?

 

[mistoffolees]

What is the name of your state (only U.S. law)? MD
My ex and I are about to go to our final divorce hearing.
My attorney was able to prove substantial marital dissipation by my ex.
He has no other assets left, except a home he purchased in another state but has it titled in someone else's name. He paid cash so there is no mortgage.
He does receive a monthly pension amount which I am entitled to a portion of it, but since there are no assets left, can I ask for and is it usually given, a larger portion of the pension? Im seeking a way to have him pay me back for my share of the marital assets.
He is only 40 yrs old so can the judge impune his income? He is currently in the Army National guard but was pulled off of active duty by the judge's request so that he be available for trial.
And is there any way of going after the property he bought in the other state?

If you can prove that he bought property using marital assets, then you can ask for a portion of it. You would have to file for contempt. If you don't have the evidence you need for a contempt charge, you may need to hire a forensic accountant.

I don't think you can get a larger portion of the pension, but if he owes you money from the property division, then you can file for contempt and try to collect that way. I don't know what the rules are on whether you can garnish part of his share of the pension or not - someone else here will know.

The judge can impute income, but that's irrelevant as far as marital assets are concerned. If he gives you your share, it doesn't matter if he's working or not. If he doesn't give you your share, you can try to collect, but having the judge say "you could be earning $30,000 per year" won't help you collect.

 

[nextwife]

If you can prove that he bought property using marital assets, then you can ask for a portion of it. You would have to file for contempt. If you don't have the evidence you need for a contempt charge, you may need to hire a forensic accountant.

I don't think you can get a larger portion of the pension, but if he owes you money from the property division, then you can file for contempt and try to collect that way. I don't know what the rules are on whether you can garnish part of his share of the pension or not - someone else here will know.

The judge can impute income, but that's irrelevant as far as marital assets are concerned. If he gives you your share, it doesn't matter if he's working or not. If he doesn't give you your share, you can try to collect, but having the judge say "you could be earning $30,000 per year" won't help you collect.

This is complicated. If the real estate is legally owned by a third party, and in another state, the real estate laws of THAT state may control how any "portion" of that property can be split. STBX CANNOT deed any portion of real estate he does not own, even if he wishes to. He does not own it. A judge in one state may have a hard time ordering that a share of a property owned by a third party, who is not even subject to the laws of the state in which the divorce is occurring, be deeded to the poster. EX legally CANNOT comply with any order to deed any portion of the property. He does not own it, if not on title.

 

[LdiJ]

This is complicated. If the real estate is legally owned by a third party, and in another state, the real estate laws of THAT state may control how any "portion" of that property can be split. STBX CANNOT deed any portion of real estate he does not own, even if he wishes to. He does not own it. A judge in one state may have a hard time ordering that a share of a property owned by a third party, who is not even subject to the laws of the state in which the divorce is occurring, be deeded to the poster. EX legally CANNOT comply with any order to deed any portion of the property. He does not own it, if not on title.

The judge can order him to cough up a portion of the value of the property however, but that doesn't necessarily mean that it will be easy to collect the money, since he has no other assets.

 

[mistoffolees]

This is complicated. If the real estate is legally owned by a third party, and in another state, the real estate laws of THAT state may control how any "portion" of that property can be split. STBX CANNOT deed any portion of real estate he does not own, even if he wishes to. He does not own it. A judge in one state may have a hard time ordering that a share of a property owned by a third party, who is not even subject to the laws of the state in which the divorce is occurring, be deeded to the poster. EX legally CANNOT comply with any order to deed any portion of the property. He does not own it, if not on title.

All true. However, if stbx is hiding assets by putting property into the other person's name, then the judge can hold him in contempt of court. I'll bet stbx will come up with the money if failing to do so means spending time in jail.