Junior Member Join Date: Sep 2011
division of community property monies
What is the name of your state (only U.S. law)? CA
Monday, I have a settlement meeting with my stbx and her attorney and my attorney and there is this prickly issue hanging over my head.
I am a naturalized US citizen and I still have interest in a couple of properties, which currently belong to my mom but I am the only inheritor. About 5 years ago, while my mom was here with me, we have got the bad news that the refuse water pipe got clogged somewhere and backed up in one our properties. Neighbors got hold of a friend of mine and under his supervision, they broke the door to our unit and discovered this problem and the source of stinky smell, disturbing people for a week. Needless to say, all flooring and some of the furniture was damaged.
In a couple of day's time, I took my mom and got a plane ticket and went back to assess the damage and get it fixed. My mom has her own pension over there but not much and I didn't guess the extent of damage. So, I withdrew some money from one of the accounts under my name, partially funded by community money, as cash and went back. The situation did not turn out to be anything to spend any part of that money for the repairs but of course I have incurred few hundred dollars of customary travel expenses out of that money I carried with me. When I came back to the states, I did not put the rest of it to the bank account but used it as my cash reserve over the course of two or so years. Mainly to spite her. She gets cash out of accounts and when I ask why she is not using the debit card she said none of your business and this was my way of saying none of your business to her.
When my mom came back to the states, she brought the bank account books with her for me to see how much money it costed to fix the damages and where her fiannces were at the moment. She withdrew too much local currency from her retirememnt pension account and due to the inflation in my home county, she converted the left over money to US dollars and deposited into an account she had. My stbx, sneaked around one day when I was out with my mom for shopping and saw this transaction. No words said until marriage went on rock. Now she claims I withdrew money from here and deposited into her account. And want half of that money. There is no humanly possible way to subponea the bank records in my home land. Heck, even if I were willing, it would take weeks if not months to get them. So, I prepared a signed statement explaining the situation and gave it to my attorney to attach to the investigative documents other side asked for.
Now, I am going through her finances in the initial discovery documents and I see that in the last 2-3 months prior to filing divorce, she was hoarding cash from her own account, mostly if not wholly funded by community property, 700 buck a pop every few days. The matter of the money I took 5 years ago was a mere 5K. In the last 5 years that she submitted discovery doc.s for, she continuously got 200-500 dollars cash from her account regularly once or twice a month.
Am I subject to giving half of the money that I withdrew from my account because it was a big lumpsum amount and hers were smaller but accumulating more than mine ? Or is she on a fishing expedition ? If she asks half of that money, can I in return as half of the cash she withdrew from her accounts ?