property split

[jm1999]

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

Divorce was filed in 2002 and I am paying mortgage alone since 2002. She hided $200k community cash and used it without my knowledge.

Now I want to finish the divorce. My questions is:

a. Can I split the house by the house price in 2002 since I am paying it for 7 years alone? The current house has gone up a lot than 2002. If I can, I wouldn't question how she used our 200K, bought another house. I wouldn't ask for the appreciation of her house either. It will be easy for us.

b. If I have to split the house with 2009 price, how can I challenge the 200k she hided, used and bought the house under her own title? Can I ask for the gain from that 200k? What the standard to decide the gain? bank interest or what?

c. She sold another community house to her relative right after divorce in 2002 without my knowledge since I didn't have my title on it. I jus found this information lately from county record. Can court punish her? How can I ask for the compensation?

My attorney seems to be very weak. She said I had to sell my house in current house price, and didnt menation anything about the new house she bought and old house she sold.

Thank for sheding the light for me. If my attorney is not right, I have to consider to change attorney. Thanks for your time again!

 

[Ohiogal]

What has happened since 2002 that you have not finalized the divorce in seven years?

 

[jm1999]

Domestic viloence

What has happened since 2002 that you have not finalized the divorce in seven years?

Since domestic viloence, we can only communicate through attorney.It was too expensive. I was on H-1b working visa and with a few month old baby. I was afraid to lose job by the stress of divorce and had to leave USA. So I didn't continue to purse. She stopped to pay child support in 2006. I can truly recognize her mean personality and decided to finalize divorce.

she was barred out of house by court. Does it help my case? The financial loss was due of her reason. Otherwise, we can still share the hosuing while finishing the divorce.

She rented apartment for a while before she bought the new one. ByWATTS law, she may chargee for rental of ou house, I may charge her for half of the mortgage. Can I reimburse half of her apartment rental instead of my rental of our big house since it will be cheaper?

Above will be my option c.

Thanks for the advice on these options. What is the best and possible for me?

 

[mistoffolees]

You have at least $200 K at stake, probably much more. The situation is complicated by immigration issues, hidden assets, and a long term separation.

Get a GOOD attorney. If you're not happy with yours, either ask a lot of questions on how you can get better results or interview other attorneys.

 

[jm1999]

Can I get any specific advices on my questions?

So painful. ..Thank you very much!

 

[mistoffolees]

So painful. ..Thank you very much!

If your STBX transferred assets after the divorce was filed, then he can be punished for it. However, you need to be able to prove what actually occurred.

In reality, your best bet is to forget about punishment and work on getting things settled as quickly and painlessly as possible. As of today, you are still married. That means that you're both entitled to half of marital assets and half of marital debt. Work on finding all the marital assets so that you can get your half.

But you're not going to be able to do that on your own, which is why I suggested that you get a good attorney.