When a Spouse Threatens to Give Assets Away

[kdc5878]

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

Hi everyone. First of all thank you so much for reading my question. I would really appreciate any advice that you can give.

I am asking this on behalf of my mother. She and my father have been married for 30 years and it has been an extremely unhappy marriage. There are abuse issues, and there is also the fact that my father suffers from an untreated mental illness with bouts of psychosis. She has been thinking about a divorce for a long time.

The main thing that has kept her in the marriage for so long is that she doesn't have a job. She has applied for dozens of jobs over the course of her life, but the longest she has been able to keep a job is a few months. She is completely dependent on my father for financial support.

My father has told her many times that if he even suspects that she is going to file for divorce, he will give all the assets away to a charity and leave them BOTH penniless. This includes the house, the cars, the stocks, their life savings, everything. Everything is in his name. He is unbelievably cruel and aggressive and we believe that he really means what he says.

Right now my mother believes that her options are staying in an abusive marriage or leaving with nothing. What can she do?What is the name of your state (only U.S. law)?

[LdiJ]

Originally Posted by kdc5878

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

Hi everyone. First of all thank you so much for reading my question. I would really appreciate any advice that you can give.

I am asking this on behalf of my mother. She and my father have been married for 30 years and it has been an extremely unhappy marriage. There are abuse issues, and there is also the fact that my father suffers from an untreated mental illness with bouts of psychosis. She has been thinking about a divorce for a long time.

The main thing that has kept her in the marriage for so long is that she doesn't have a job. She has applied for dozens of jobs over the course of her life, but the longest she has been able to keep a job is a few months. She is completely dependent on my father for financial support.

My father has told her many times that if he even suspects that she is going to file for divorce, he will give all the assets away to a charity and leave them BOTH penniless. This includes the house, the cars, the stocks, their life savings, everything. Everything is in his name. He is unbelievably cruel and aggressive and we believe that he really means what he says.

Right now my mother believes that her options are staying in an abusive marriage or leaving with nothing. What can she do?What is the name of your state (only U.S. law)?

Your father cannot actually do what he has threatened...or rather, he can, but not successfully.

What your mother needs to do is to talk to an attorney. An injunction can be placed against him to prevent him from giving away their assets.

[mistoffolees]

Originally Posted by kdc5878

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

Hi everyone. First of all thank you so much for reading my question. I would really appreciate any advice that you can give.

I am asking this on behalf of my mother. She and my father have been married for 30 years and it has been an extremely unhappy marriage. There are abuse issues, and there is also the fact that my father suffers from an untreated mental illness with bouts of psychosis. She has been thinking about a divorce for a long time.

The main thing that has kept her in the marriage for so long is that she doesn't have a job. She has applied for dozens of jobs over the course of her life, but the longest she has been able to keep a job is a few months. She is completely dependent on my father for financial support.

My father has told her many times that if he even suspects that she is going to file for divorce, he will give all the assets away to a charity and leave them BOTH penniless. This includes the house, the cars, the stocks, their life savings, everything. Everything is in his name. He is unbelievably cruel and aggressive and we believe that he really means what he says.

Right now my mother believes that her options are staying in an abusive marriage or leaving with nothing. What can she do?What is the name of your state (only U.S. law)?

When your mother files for divorce, she can have a court order to prevent assets from being given away. In some states, it's automatic, but I didn't look up CA. Even if the order doesn't automatically go into affect, she can ask for an order to prevent dissipation of assets to be part of the divorce filiing. Any decent attorney can arrange for it.

[Travis McGee]

What if it actually has been done? Does it cause that spouse problems? Can the property be recovered from whom it was given to (in this situation, family of the spouse)? Time limits for resisting, ect ect..

[LdiJ]

Originally Posted by Travis McGee

What if it actually has been done? Does it cause that spouse problems? Can the property be recovered from whom it was given to (in this situation, family of the spouse)? Time limits for resisting, ect ect..

Much of it could be recovered. CA is a community property state and he could not give away the home (and perhaps the cars) without her signature. Cash would be a different story, although that might be able to be recovered as well....or her get a bigger share of the house in lieu of the cash.

The important thing would be for her to talk to an attorney without his knowledge, and without giving him any hint that she is contemplating divorce.
She needs to let the attorney know that she really believes that he would disregard and injunction and give everything away, perhaps due to his mental illness. That would allow the attorney to take stronger steps to protect the assets.

If she has no access to money to be able to pay the attorney, then you need to help her. She will be able to pay you back.