Profit sharing, Misappropriation of $, etc.

[Married2Satan]

What is the name of your state? Michigan

This is such a cluster bleep, I don't know where to begin.

1. Married in 2002, purchase a house together.

2. Husband gets girlfriend, wife not pleased (2005), two years of hell begin, including his arrest for DV in late '05.

3. Husband stops making payments on car that wife drives mid 2006. Informs wife that it may get repo'd. I scramble to make up the payments.

4. Home needs a new water well, wife borrows and scrapes to pay for it - $4500, late 2006. Husband will not contribute.

5. Husband spends money like CRAZY, has all kinds of toys, and decides to file bankruptcy (Chapter 7) early 2007. Wife agrees to joint bankruptcy when she realizes that her credit is shot to hell as well after he quits making most credit card payments (his purchases).

6. Husband files bankruptcy first, does not declare some rather *significant* assets. I find out later, when I complete my paperwork (months after he has done his). I'm freaked out because I might be held liable? Paperwork was *clearly* completed separately.

7. Husband stops making house payments early 2007. Happy New Year! Your house is in foreclosure!! Wife empties an old (premarital) 401K worth about 12K and borrows the rest from mom (total needed approx 13600 to stop foreclosure). Husband *does* reluctantly contribute approx $1200 towards total.

8. Bankruptcy discharge completed, husband continues to spend money like there is NO tomorrow. Spiffy new Ipod, new razr cellphone, TWO Xbox360 game consoles, at LEAST 16 games (@ $50 ea), over $800 in Itunes for the spiffy Ipod, Nintendo wii game console, Wii games, Handheld PC, new harddrive for computer, LOTS of new software, and basically anything he wants. Oh yeah, virtually EVERY new CD and DVD produced is delivered to our house. I kid you *not*, there is a package in the mailbox for him 4 out of 5 days per week. Yes, I have ALL documentation. And my gosh he has nice clothes and shoes!! He also bought one of those $100 memory pillows and let me tell you, they are HEAVY!! (he hit me with it once ~ not in a *pillow fight* way either).

9. Wife struggles to pay half the mortgage since its been raised. Husband apparently receives student loan refunds every few months (he's been in school for the last four years), and uses that money to buy *whatever*.

10. Husband wins $2500 in lottery in August and doesn't say a word (of course).

11. Husband opens and starts contributing to a 401K plan *during the bankruptcy* process.

12. Husband refused to sell (or whatever) his stocks (approx value $3500) during the foreclosure "time". Said it would take too long.

13. Wife has virtually "nothing" but a share in the equity of the home. She also has a "Profit-sharing" account at her long time employer, worth approx 55k now. I understand that this is considered a "passive" (?) investment, as none of *my* money was used for it ~ its all based on the profitability/whatever each year at the employer. It was worth approx 45k at the time of the marriage.

14. I think he's crazy. Found a loaded 9mm under his mattress (I sleep in the guest room).

***************************************************************

Our only "real" property settlement item is going to be the house (equity approx 50-80k).

Is it 'legally legit' to include PRIOR to an equal split of the equity that I :
a. Am fully reimbursed for the cost of the well (4500)
b. Reimbursed for the *non-marital property* 401k I had to empty to save it?

In a "marital property" division...would the "toys" be considered marital property? We're talking THOUSANDS of dollars here....I'm already getting screwed enough by this joker !! (not that I *want* an Xbox 360, but I wouldn't mind offsetting something else). I'm just wondering HOW or IF all of this crazy-assed spending (DURING and right AFTER a chapter 13 bankruptcy) is considered "marital property".

I have purchased *nothing*. I have a daughter in college, and I've given her maybe $100 this entire year. I've bought EXACTLY two shirts this YEAR. I cannot afford anything else.

Worst case for me, would be that I would have to give him half the value of the INCREASE of my profit-sharing account, right?

I may be able to offset that by HIS keeping the stocks (approx $3500) and HIS "new" 401k plan (approx $1500).. Right?

Geez....maybe I'm the crazy one ?


Any thoughts would be appreciated. Thanks.

 

[HomeGuru]

What is the name of your state? Michigan

This is such a cluster bleep, I don't know where to begin.

1. Married in 2002, purchase a house together.

2. Husband gets girlfriend, wife not pleased (2005), two years of hell begin, including his arrest for DV in late '05.

3. Husband stops making payments on car that wife drives mid 2006. Informs wife that it may get repo'd. I scramble to make up the payments.

4. Home needs a new water well, wife borrows and scrapes to pay for it - $4500, late 2006. Husband will not contribute.

5. Husband spends money like CRAZY, has all kinds of toys, and decides to file bankruptcy (Chapter 7) early 2007. Wife agrees to joint bankruptcy when she realizes that her credit is shot to hell as well after he quits making most credit card payments (his purchases).

6. Husband files bankruptcy first, does not declare some rather *significant* assets. I find out later, when I complete my paperwork (months after he has done his). I'm freaked out because I might be held liable? Paperwork was *clearly* completed separately.

7. Husband stops making house payments early 2007. Happy New Year! Your house is in foreclosure!! Wife empties an old (premarital) 401K worth about 12K and borrows the rest from mom (total needed approx 13600 to stop foreclosure). Husband *does* reluctantly contribute approx $1200 towards total.

8. Bankruptcy discharge completed, husband continues to spend money like there is NO tomorrow. Spiffy new Ipod, new razr cellphone, TWO Xbox360 game consoles, at LEAST 16 games (@ $50 ea), over $800 in Itunes for the spiffy Ipod, Nintendo wii game console, Wii games, Handheld PC, new harddrive for computer, LOTS of new software, and basically anything he wants. Oh yeah, virtually EVERY new CD and DVD produced is delivered to our house. I kid you *not*, there is a package in the mailbox for him 4 out of 5 days per week. Yes, I have ALL documentation. And my gosh he has nice clothes and shoes!! He also bought one of those $100 memory pillows and let me tell you, they are HEAVY!! (he hit me with it once ~ not in a *pillow fight* way either).

9. Wife struggles to pay half the mortgage since its been raised. Husband apparently receives student loan refunds every few months (he's been in school for the last four years), and uses that money to buy *whatever*.

10. Husband wins $2500 in lottery in August and doesn't say a word (of course).

11. Husband opens and starts contributing to a 401K plan *during the bankruptcy* process.

12. Husband refused to sell (or whatever) his stocks (approx value $3500) during the foreclosure "time". Said it would take too long.

13. Wife has virtually "nothing" but a share in the equity of the home. She also has a "Profit-sharing" account at her long time employer, worth approx 55k now. I understand that this is considered a "passive" (?) investment, as none of *my* money was used for it ~ its all based on the profitability/whatever each year at the employer. It was worth approx 45k at the time of the marriage.

14. I think he's crazy. Found a loaded 9mm under his mattress (I sleep in the guest room).

***************************************************************

Our only "real" property settlement item is going to be the house (equity approx 50-80k).

Is it 'legally legit' to include PRIOR to an equal split of the equity that I :
a. Am fully reimbursed for the cost of the well (4500)
b. Reimbursed for the *non-marital property* 401k I had to empty to save it?

In a "marital property" division...would the "toys" be considered marital property? We're talking THOUSANDS of dollars here....I'm already getting screwed enough by this joker !! (not that I *want* an Xbox 360, but I wouldn't mind offsetting something else). I'm just wondering HOW or IF all of this crazy-assed spending (DURING and right AFTER a chapter 13 bankruptcy) is considered "marital property".

I have purchased *nothing*. I have a daughter in college, and I've given her maybe $100 this entire year. I've bought EXACTLY two shirts this YEAR. I cannot afford anything else.

Worst case for me, would be that I would have to give him half the value of the INCREASE of my profit-sharing account, right?

I may be able to offset that by HIS keeping the stocks (approx $3500) and HIS "new" 401k plan (approx $1500).. Right?

Geez....maybe I'm the crazy one ?


Any thoughts would be appreciated. Thanks.

**A: my thought is that you better get an attorney. And fast.

 

[Married2Satan]

oh geez...now I'm nervous. Here's the thing...he is SUCH a tightwad when it comes to anything but *himself*. I have NO DOUBT that he *would hesitate* to hire a lawyer for a few thousand bucks to contest a proprosed property settlement.

I have had a "free consultation" with a lawyer who basically said that "you can write anything you want in your proposed property settlement." Which is true, but what I really DON'T want to do is set myself up for failure. I probably won't even be ABLE to appeal to his sense of "fairness", as it is apparent that he HAS no sense of "fairness".

Thanks for your reply.... any more thoughts are welcome and appreciated!

 

[HomeGuru]

oh geez...now I'm nervous. Here's the thing...he is SUCH a tightwad when it comes to anything but *himself*. I have NO DOUBT that he *would hesitate* to hire a lawyer for a few thousand bucks to contest a proprosed property settlement.

I have had a "free consultation" with a lawyer who basically said that "you can write anything you want in your proposed property settlement." Which is true, but what I really DON'T want to do is set myself up for failure. I probably won't even be ABLE to appeal to his sense of "fairness", as it is apparent that he HAS no sense of "fairness".

Thanks for your reply.... any more thoughts are welcome and appreciated!

**A: that's even more reasons to get your own attorney.

 

[Ohiogal]

oh geez...now I'm nervous. Here's the thing...he is SUCH a tightwad when it comes to anything but *himself*. I have NO DOUBT that he *would hesitate* to hire a lawyer for a few thousand bucks to contest a proprosed property settlement.

I have had a "free consultation" with a lawyer who basically said that "you can write anything you want in your proposed property settlement." Which is true, but what I really DON'T want to do is set myself up for failure. I probably won't even be ABLE to appeal to his sense of "fairness", as it is apparent that he HAS no sense of "fairness".

Thanks for your reply.... any more thoughts are welcome and appreciated!

Why aren't you working quite frankly? You have a child in college but there is no mention of what you do and why you don't have an income. Please explain.

 

[Married2Satan]

Sorry, I didn't clarify. I am employed full time, and have worked at the same company for over 18 years.

 

[Ohiogal]

Sorry, I didn't clarify. I am employed full time, and have worked at the same company for over 18 years.

Then find an attorney that takes payments and will work with you. Depending on your income have you applied with legal aid?

 

[Married2Satan]

I was trying to avoid the expense of an attorney by doing the paperwork myself. I've actually got most of it completed.

When I actually *think* about my real question..its more like, "Does a collection of video game consoles, games, DVDs and CD's become marital property, subject to equitable disribution?"

And its NOT that I want a freaking XBOX360 I have all records of purchases made (both of us) for the past two years.

The *selfish* nature of him notwithstanding, 90% of my income went towards household bills, whereas 60% of his did, with the remaining purchasing "stuff"....

For example, *I* spent $4500 on putting in a new water well. *He* spent $4500 on an Ipod, Xbox, Games, and music.

I just want to make sure no one thinks I'm CRAZY (and that it is impossible) for trying to recoup the obvious.

Thanks again.

 

[CJane]

When I actually *think* about my real question..its more like, "Does a collection of video game consoles, games, DVDs and CD's become marital property, subject to equitable disribution?"

As far as I know, yes that would all be marital property.

Hell, MY ex put the freakin GARBAGE CAN on the marital property sheet to make sure he was credited properly.

 

[Ohiogal]

I was trying to avoid the expense of an attorney by doing the paperwork myself. I've actually got most of it completed.

When I actually *think* about my real question..its more like, "Does a collection of video game consoles, games, DVDs and CD's become marital property, subject to equitable disribution?"

And its NOT that I want a freaking XBOX360 I have all records of purchases made (both of us) for the past two years.

The *selfish* nature of him notwithstanding, 90% of my income went towards household bills, whereas 60% of his did, with the remaining purchasing "stuff"....

For example, *I* spent $4500 on putting in a new water well. *He* spent $4500 on an Ipod, Xbox, Games, and music.

I just want to make sure no one thinks I'm CRAZY (and that it is impossible) for trying to recoup the obvious.

Thanks again.

NOt crazy. it is marital property. And the new water well was marital property too -- it also helps with the value on the house.

 

[Married2Satan]

Thanks, CJane and Ohiogal... I have questioned my sanity on more than one occasion during the last year or so, and just didn't want to seem WAY off base on this one.