divorce he took the savings and began liquidating property

[dizzy42]

im in california and filed for divorce as soon as i did this my husband closed the savings account took 6K and used the money to hire an attourney, had the power scheduled to be turned off in the house i am living in, blocked me from our email account (i receive emails from clients setting up appts) how will this be viewed in court by the judge?

 

[mistoffolees]

im in california and filed for divorce as soon as i did this my husband closed the savings account took 6K and used the money to hire an attourney, had the power scheduled to be turned off in the house i am living in, blocked me from our email account (i receive emails from clients setting up appts) how will this be viewed in court by the judge?

Well, the judge isn't going to like some of it.

He can use marital assets to pay for an attorney, so taking money from the savings account to do so isn't a problem. In order to be fair, you will want to talk to your attorney about using marital assets for your legal expenses rather than your own personal expenses.

He can not turn the power off in the house you are living in. That would be a serious problem. However, did he actually do that or tell the power company to take his name off (which might be a different matter)?

Whose name is on the email account? If the account is in his name, he is within his rights to block you from using it. Of course, if he is knowingly interfering with your employment, your income becomes lower and if he has to pay alimony or child support, the amount might go up, so it is in his interest to forward that stuff to you. Your attorney should probably just nicely request that he forward all your work-related email and explain why it is in his interest to do so.

You should: a) immediately create a new account using yahoo or something and notify your clients of the new account information, and b) petition the court for an order for him to forward all of your email to you (this might actually be in your divorce paperwork, so you might want to check).

Your title says he also began liquidating property. That is generally forbidden after a divorce is filed other than for legal expenses or living expenses. If he is liquidating property, you can ask your attorney to file for contempt.

 

[dizzy42]

custody issue with 17 year old

my daughter is 17 and will be 18 in to months i had filed for custody due to safty issues in the home. he in turn has filed for joint custody and financial support for her plus is saying i have an alchohal problem which is not true and wants supervised visits, he claims he pays for college for her (his mother pays for the college for our daughters) and wants money for her housing tuition etc . She graduated early from high school and is attending college at a jc isn't she considered an adult based on her age and early graduation and should i just wave my rights to visitation and custody for the 2 months

 

[LdiJ]

my daughter is 17 and will be 18 in to months i had filed for custody due to safty issues in the home. he in turn has filed for joint custody and financial support for her plus is saying i have an alchohal problem which is not true and wants supervised visits, he claims he pays for college for her (his mother pays for the college for our daughters) and wants money for her housing tuition etc . She graduated early from high school and is attending college at a jc isn't she considered an adult based on her age and early graduation and should i just wave my rights to visitation and custody for the 2 months

Your daughter is a minor until she is 18, but fighting a custody/child support battle is rather foolish since she has already graduated from high school and will be 18 in a couple of months. Your "battle" won't be finished before she turns 18.

However, you need to respond to any motions that he has made to the court. Basically you need to respond that since your daughter will be 18 in 2 months and is already graduated from high school that any issues regarding custody or support should be moot.
That includes his accusation that you are an alcoholic.

You need to emphasize that his mother is paying for college for your daughters, not him, therefore he has no need of your assistance in paying college costs.

You had best make sure that you cancel any joint credit cards. It sounds like your stbx is on a bit of a rampage.

 

[Ohiogal]

im in california and filed for divorce as soon as i did this my husband closed the savings account took 6K and used the money to hire an attourney, had the power scheduled to be turned off in the house i am living in, blocked me from our email account (i receive emails from clients setting up appts) how will this be viewed in court by the judge?

Whose name is the power in? Whose name was on the savings account? Whose name was on the email account?

Depends on how a variety of things how it will be viewed. Are there any restraining orders? Where is the 17 year old living (I jumped ahead)?

 

[dizzy42]

accts and the names they are in

the power was in both of our names but since I have had the power placed in my name in the house I am living in now. the savings acct had both of our names on it. he has put a freeze on the joint checking and put a block on our credit line that is in both of our names as well. my 17 year lives in the other house with her father due to college being close to home and her job is also close to the other home.

 

[penelope10]

Since the savings account was joint as were the charge accounts, the spouse could have those items frozen until such a time that the assets are legally divided. (And many times attorneys will suggest that this be done). However, while a stbx may have the right to cancel a power account because it was joint, they do not have the right to cause "mischief" in the other party's life. (Power, water, etc. are basic needs). Did the stbx give you notice that he indeed was going to have the power shut off and you needed to establish your own account? Because I tend to agree with another poster that said a judge may frown on this if the stbx did not give you notice. While there isn't much that can be done from a legal standpoint regarding this, often judges will keep in mind the ACTIONS of both parties during the divorce process as to who is credible and who is not.

 

[LdiJ]

I am moving your other post to this thread:

I am in california, i currently reside in a house that is paid for my ex lives in our other home which carries a mortgage of 524K he is telling me that we have to sell the house i live in first and that funds will be held over in escrow until the house he lives in sells. is this true. I would like to have the option to obtain a loan and by out my share of the other home so I can keep the house i live in. will i have that option?

Tell your husband to "pound sand". That you are not agreeing to sell the house that you live in first. Tell him that you will agree to put both houses on the market at the same time, or that you will agree to buy out his share of the house that you are living in, but that's it.

However, as you have been told before, there are far too many assets involved in this divorce for you to NOT hire an attorney. You have a very real risk of not getting your fair share of the marital assets if you don't hire yourself a pitbull of an attorney, NOW.

 

[penelope10]

I am moving your other post to this thread:



Tell your husband to "pound sand". That you are not agreeing to sell the house that you live in first. Tell him that you will agree to put both houses on the market at the same time, or that you will agree to buy out his share of the house that you are living in, but that's it.

However, as you have been told before, there are far too many assets involved in this divorce for you to NOT hire an attorney. You have a very real risk of not getting your fair share of the marital assets if you don't hire yourself a pitbull of an attorney, NOW.

Thank for combining the two threads, LD. I agree, OP needs to hire an attorney and not be pressured to split assets before a legal decision can be rendered by the courts.