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Ex may be stealing share of international home sale

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justthis

Junior Member
My ex, who is from Brazil, and I owned a home there while we were married. It took over 6 years since our divorce, but finally the house has sold. The real estate transaction is complete but the money had to be placed in the x's account in Brazil after the transaction and then my share was to be wired to an international accout. Our divorce papers and the documents relating to the sale of the home both state what the split was to be.

The x is now no longer returning my calls and I fear may be trying to steal my share of the sale of this house. What recourse do I have here? File criminal charges?

I also fear the x may try to leave the country and go back to Brazil. Is there a way to freeze his passport to keep this from happening?
 


Silverplum

Senior Member
What does this have to do with U.S. Law??

My ex, who is from Brazil, and I owned a home there while we were married. It took over 6 years since our divorce, but finally the house has sold. The real estate transaction is complete but the money had to be placed in the x's account in Brazil after the transaction and then my share was to be wired to an international accout. Our divorce papers and the documents relating to the sale of the home both state what the split was to be.

The x is now no longer returning my calls and I fear may be trying to steal my share of the sale of this house. What recourse do I have here? File criminal charges?

I also fear the x may try to leave the country and go back to Brazil. Is there a way to freeze his passport to keep this from happening?
 

LdiJ

Senior Member
My ex, who is from Brazil, and I owned a home there while we were married. It took over 6 years since our divorce, but finally the house has sold. The real estate transaction is complete but the money had to be placed in the x's account in Brazil after the transaction and then my share was to be wired to an international accout. Our divorce papers and the documents relating to the sale of the home both state what the split was to be.

The x is now no longer returning my calls and I fear may be trying to steal my share of the sale of this house. What recourse do I have here? File criminal charges?

I also fear the x may try to leave the country and go back to Brazil. Is there a way to freeze his passport to keep this from happening?
You are going to have to consult with a local attorney ASAP. This one is beyond the scope of an internet message forum.
 

Bali Hai

Senior Member
My ex, who is from Brazil, and I owned a home there while we were married. It took over 6 years since our divorce, but finally the house has sold. The real estate transaction is complete but the money had to be placed in the x's account in Brazil after the transaction and then my share was to be wired to an international accout. Our divorce papers and the documents relating to the sale of the home both state what the split was to be.

The x is now no longer returning my calls and I fear may be trying to steal my share of the sale of this house. What recourse do I have here? File criminal charges?

I also fear the x may try to leave the country and go back to Brazil. Is there a way to freeze his passport to keep this from happening?
I'm afraid the libbers haven't figured out how to charge someone with a crime or freeze their passports on a hysterical whim yet.
 

nextwife

Senior Member
I'd refuse to sign docs unless my share bypassed her account. Your share could simply be disbursed in a seperate check at closing.
 

mistoffolees

Senior Member
My ex, who is from Brazil, and I owned a home there while we were married. It took over 6 years since our divorce, but finally the house has sold. The real estate transaction is complete but the money had to be placed in the x's account in Brazil after the transaction and then my share was to be wired to an international accout. Our divorce papers and the documents relating to the sale of the home both state what the split was to be.

The x is now no longer returning my calls and I fear may be trying to steal my share of the sale of this house. What recourse do I have here? File criminal charges?

I also fear the x may try to leave the country and go back to Brazil. Is there a way to freeze his passport to keep this from happening?
Assuming that you're talking about a U.S. divorce, you can file for him to show cause. It will take some time. First, you'll have to get a subpoena in order to get the documents on the home sale so you can determine what your share should be. Then, you'll have to ask for him to be ordered to turn over your share to you.

Of course, if he flees the country, you'll have a judgment which you will be unable to enforce. If he has other U.S. assets, you can probably get a lien against them (after completing the above steps). If there are no U.S. assets, you're going to have an extremely difficult time collecting if he flees the country. Your attorney should not have allowed such an open ended agreement.
 

justthis

Junior Member
I'm afraid the libbers haven't figured out how to charge someone with a crime or freeze their passports on a hysterical whim yet.
Hysterical whim...right. Thanks. Actually the crime would be contempt of court and breech of contract.

And whats hysterical about suspecting this when my calls arent answered and havent been returned for over a month and the house sold 2 months ago and its a very dishonest person and 30k we are talking about? Please enlighten me about the 'hysteria' involved here.

Why respond to the post at all if youre are going to be ignorant :rolleyes:
 

justthis

Junior Member
Assuming that you're talking about a U.S. divorce, you can file for him to show cause. It will take some time. First, you'll have to get a subpoena in order to get the documents on the home sale so you can determine what your share should be. Then, you'll have to ask for him to be ordered to turn over your share to you.

Of course, if he flees the country, you'll have a judgment which you will be unable to enforce. If he has other U.S. assets, you can probably get a lien against them (after completing the above steps). If there are no U.S. assets, you're going to have an extremely difficult time collecting if he flees the country. Your attorney should not have allowed such an open ended agreement.
I have the home sale docs. All the numbers were worked out on paper beforehand and we were in agreement on them. Could you explain what you mean by 'file for him to show cause'? Thanks.

I did contact our original divorce lawyer today, but I figure the more info the better.
 

mistoffolees

Senior Member
I have the home sale docs. All the numbers were worked out on paper beforehand and we were in agreement on them. Could you explain what you mean by 'file for him to show cause'? Thanks.

I did contact our original divorce lawyer today, but I figure the more info the better.
Your original divorce lawyer is the one to handle it. What I'm suggesting is more commonly referred to as filing for contempt. You want the judge to find that he has not done what the court ordered him to do and tell him to do it - or face jail time.

However, if he's left the country, the cost of recovering your money may well exceed the $30 K you're talking about (or is it $15 K for your half?).
 

justthis

Junior Member
Your original divorce lawyer is the one to handle it. What I'm suggesting is more commonly referred to as filing for contempt. You want the judge to find that he has not done what the court ordered him to do and tell him to do it - or face jail time.

However, if he's left the country, the cost of recovering your money may well exceed the $30 K you're talking about (or is it $15 K for your half?).
The full 30K is my share. So if I am able to get a judgement against him for breech of contract and contempt of court, is there no mechanism in place that would keep him from fleeing the country? Would the judge not have that power?
 

stealth2

Under the Radar Member
I'd refuse to sign docs unless my share bypassed her account. Your share could simply be disbursed in a seperate check at closing.
Interesting that you assume the ex is a gold-digging woman. Reread the first post - all the way to the end.
 

Bali Hai

Senior Member
Interesting that you assume the ex is a gold-digging woman. Reread the first post - all the way to the end.
The OP is making some pretty big assumptions herself.

1) She has not had any contact with her ex in a month and assumes he is in contempt of court and has a criminal liability in this matter.

2) She assumes that her ex is still in this country and is a "flight risk" and wants his passport somehow revoked for something that she has no idea just what is taking place. It's all in HER head at this point.

Her reasons are that "she hasn't heard from him in a month" and her ex is a "very dishonest person".
 
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stealth2

Under the Radar Member
The OP is making some pretty big assumptions herself.

1) She has not had any contact with her ex in a month and assumes he is in contempt of court and has a criminal liability in this matter.

2) She assumes that her ex is still in this country and is a "flight risk" and wants his passport somehow revoked for something that she has no idea just what is taking place. It's all in HER head at this point.

Her reasons are that "she hasn't heard from him in a month" and her ex is a "very dishonest person".

You do a fine job of conjuring things yourself, Bali. There are as many idiot men as there are women.
 
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