when do the courts start tracking assets?

I live in California and I haven't filed for divorce yet. When does the court start keeping track of assets such as bank accounts? Is it when you file for divorce, the date you see an attorney or the date you made the scumbag leave the house? Recently, most of our assets have gone to pay off his huge debts (which he didn't tell me about before we were married). Does this have any bearing on what % of the house (equity) I will get?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by june23:
[b]I live in California and I haven't filed for divorce yet. When does the court start keeping track of assets such as bank accounts? Is it when you file for divorce, the date you see an attorney or the date you made the scumbag leave the house? Recently, most of our assets have gone to pay off his huge debts (which he didn't tell me about before we were married). Does this have any bearing on what % of the house (equity) I will get?[/b]<HR></BLOCKQUOTE>


My response:

Tracking, as you call it, starts at the time of filing your Petition. There is an automatic Restraining Order then in place when the papers are served on the other spouse, along with your Income and Expense Declaration. The other spouse can respond to the Petition and serve an Income and Expense Declaration, or allow a Default. Remember, there is an automatic Restraining Order affecting all property and all accounts in everyone's name. You can get an "interim temporary order" for living expenses, but if any major money is diverted, or if property is sold or encumbered in any way AFTER the Petition is filed, woe unto the spouse that causes that!!

IAAL


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