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IAAL or Boxcar I need your help

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kidoday

Senior Member
What is the name of your state? MI

Let me start with that I respect any advice either one of you can give me more than I do my attorney.

I have always said half is half and that is all I want. I want half the equity of the house, half the 401K, half the bills, just half. Seems fair doesn't it? Well this is where I need your help.

He filed for divorce on June 11, 2002. The Monday after he took everything out of our banking account. OK I got over that our money was gone. He sold the 66 Impala for $500.00 to his friend in TN. He sold the pickup truck to his Uncle, he sold one of the trailers to his friend. He sold one of our quad runners. These things he sold was after he filed for divorce but before our first hearing in July. Was this legal? Do I have any right to claim these things in the proprety settlement? He claims that he had every right to sell them because he had not been ordered not to yet.

He has a couple thousand dollars worth of guns that he claims he gave to the girls and by him giving them these guns he doesn't own them but the girls do. He has several thousands of dollars invested in his tools. Do I have the right to claim any of this as property settlement? I might add that before he moved out I video taped and photographed everything we owned.

I need some advice as to get around these games and know where I stand.

IAAL as an Impala owner yourself, tell me if this is insurance fraud or not. He insured the Impala for $11,000. This was before it he restored it. At car shows he was offered up to $20,000 for this car due to it still having the original big block engine as well as other factory options. He sold this car to his friend who put $500.00 on the title transfer. Is this legal? Can he sell this car that he insured for $11,000. for $500.00 and have his friend write in the amount? He claims that since he paid cash, that I can't prove anything, and that I knew about the sale of the car. He even back dated the sale of the car to his Birthday in 2001.

I really need some advice.
 


I AM ALWAYS LIABLE

Senior Member
kidoday said:
What is the name of your state? MI

Let me start with that I respect any advice either one of you can give me more than I do my attorney.

I have always said half is half and that is all I want. I want half the equity of the house, half the 401K, half the bills, just half. Seems fair doesn't it? Well this is where I need your help.

He filed for divorce on June 11, 2002. The Monday after he took everything out of our banking account. OK I got over that our money was gone. He sold the 66 Impala for $500.00 to his friend in TN. He sold the pickup truck to his Uncle, he sold one of the trailers to his friend. He sold one of our quad runners. These things he sold was after he filed for divorce but before our first hearing in July. Was this legal? Do I have any right to claim these things in the proprety settlement? He claims that he had every right to sell them because he had not been ordered not to yet.

He has a couple thousand dollars worth of guns that he claims he gave to the girls and by him giving them these guns he doesn't own them but the girls do. He has several thousands of dollars invested in his tools. Do I have the right to claim any of this as property settlement? I might add that before he moved out I video taped and photographed everything we owned.

I need some advice as to get around these games and know where I stand.

IAAL as an Impala owner yourself, tell me if this is insurance fraud or not. He insured the Impala for $11,000. This was before it he restored it. At car shows he was offered up to $20,000 for this car due to it still having the original big block engine as well as other factory options. He sold this car to his friend who put $500.00 on the title transfer. Is this legal? Can he sell this car that he insured for $11,000. for $500.00 and have his friend write in the amount? He claims that since he paid cash, that I can't prove anything, and that I knew about the sale of the car. He even back dated the sale of the car to his Birthday in 2001.

I really need some advice.

My response:

Michigan, unlike California, is a "separate property" and "equitable division of property" State. Had what had happened to you happened in California, his butt would be in jail.

That's because in California, on the Summons, there is printed an "automatic" Restraining Order that goes into immediate effect upon filing for Dissolution of Marriage. Unfortunately, and from I understand about Michigan, such is not the case. In Michigan, a separate action for a Restraining Order must be filed by one of the spouses. Without that, a spouse can pretty much empty accounts, sell personal property, and do just about anything with impunity.

But, if you can prove ownership of the various items - - bank accounts, cars, and other personal property, you'll still receive your "equitable" share of such items, at their "actual value", and not at their "deflated" values.

If this had occurred in California, I would have scads of information for you. But, alas, it didn't and my knowledge of Michigan law is scant, at best.

There are too many aspects to Michigan law, and your particular situation, that are too complicated to discuss on a bulletin board. Therefore, if you can't "trust" your attorney, you may want to determine whether or not a change (substitution) of attorneys would be in your best interests.

Good luck to you.

IAAL
 

kidoday

Senior Member
Thank you for your reply IAAL. Unfortunately, I would fire my attorney except that since my bank account is dry I can not afford to hire another one. I have asked Missourigal numerous times to come up here and help me, but she refuses claiming that she could be jailed for practicing law without a license. Whatever.

A couple more questions, how do you think a Judge is going to perceive what he has done? Do you think it is worth my time to claim everything I have on tape in the property settlement?
 

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