Can I do this?

[dwebb86]

What is the name of your state (only U.S. law)?
Virginia

My wife and I are planning divorce, we have been married just under a year, she left the house about a week ago without intention to return, so I guess we are legally separated now?

Anyways, my real question is, she went to Washington state to live with her family, and she is speaking to a lawyer there sometime in the next couple weeks. Washington state is a community property state.

I have all the furniture... couches, tables, computer, washer and dryer... etc etc. Can I sell it so it can't be used in a separation agreement or any sort of paperwork? I heard of a friend's friend selling his car for a dollar during the divorce with intention of getting the car back for the same price when the divorce was finalized. I'm not saying I intend to do exactly this, but you get the point. I just want to know if those items can be claimed as community property if I don't own them any more. If I did exactly that, would I have to write a statement of ownership or something of the sort saying that my friend owns them?

Also, I cosigned for a new car with my wife while we were married. I understand this would be community property as well. I owned my car before the marriage began, and I don't want to get stuck paying both car payments, is there a way I can avoid this?

Thanks for your time.

DeanWhat is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)?
Virginia

My wife and I are planning divorce, we have been married just under a year, she left the house about a week ago without intention to return, so I guess we are legally separated now?

Anyways, my real question is, she went to Washington state to live with her family, and she is speaking to a lawyer there sometime in the next couple weeks. Washington state is a community property state.

I have all the furniture... couches, tables, computer, washer and dryer... etc etc. Can I sell it so it can't be used in a separation agreement or any sort of paperwork? I heard of a friend's friend selling his car for a dollar during the divorce with intention of getting the car back for the same price when the divorce was finalized. I'm not saying I intend to do exactly this, but you get the point. I just want to know if those items can be claimed as community property if I don't own them any more. If I did exactly that, would I have to write a statement of ownership or something of the sort saying that my friend owns them?

Also, I cosigned for a new car with my wife while we were married. I understand this would be community property as well. I owned my car before the marriage began, and I don't want to get stuck paying both car payments, is there a way I can avoid this?

Thanks for your time.

DeanWhat is the name of your state (only U.S. law)?

Once divorce is filed, you would be in contempt of court for squandering assets like that. Doing what they did with the car could land you in jail.

If no one has filed for divorce yet, there is no default prohibition against disposing of assets, but if you were to, for example, sell her valuable jewelry for $1.00 and you know that she's in the process of filing for divorce, you might have to reimburse her for its value.

The best bet is to not play games.

As for the car, chances are that you'll keep one car and she'll keep one car. Since you owned one car before the marriage and since she is a co-signer on the other car, she will probably get the car with the loan. The one keeping the car with the loan will become responsible for the loan. If they can not pay the loan, the car may be ordered to be sold. I would suggest that you ask the court to order her to finance it in her name within 30 days or sell it.

 

[Ohiogal]

Most times the divorce paperwork requires disclosures of anything that has happened in the past year -- any transactions involving property worth more than $100. It would be dissipation of marital assets and OP could get nailed for it --even if divorce has not been filed yet but will be in the next few months.

He is playing with fire and could be nailed for fraud. That could result in the wife getting all the remaining property, plus compensated for that which he disposed of PLUS him having to take most of the debt. How bad does he think it will be? He should take it and double it if not triple it -- wifey gets everything but the debt and he gets the debt plus penalized for fraud.

 

[TinkerBelleLuvr]

She would have to be in Washington state for more than 6 months to have Washington rules prevail.