Interrogatories and Seach for Hidden Assets

[chiswick]

What is the name of your state (only U.S. law)? Massachusetts
Wife has filed interrogatories. She truly believes that I am hiding money with my Dad or sister. Requesting to see the will of my Mom that doesn’t exist - she never had one. There were no grandchildren, no living relatives and just me and my sister. She is also requesting any bank accounts throughout the entire marriage where I may have had my name on with my parents or sister. We had names on when I was single only for purposes of avoiding probate. Also I gave her copies of all tax records from 2014 to present. Let her pay her attorney to do legwork. 50.00 for each year of back taxes record. She can get those from CPA’s tax office. She was begging me for them the other night and recording me. I did not speak a word. My attorney says I do not have to disclose any of my sisters or Dads records as this divorce has nothing to do with my parents. So is my wife blowing a lot of hot air here? She is acting crazy! Going to go to bank to discuss refinancing ASAP to buy her out. Did not hear anything about my immediate offer to buy her out with borrowing from my sister with promissory note. She must think it is hidden money which it absolutely is not. It’s money received from the sale of our first family home of which only my Mom and sister were named in the deed. My Dad wasn’t on it nor I but my family trusted each other and never fought over money.

 

[stealth2]

chiswick - please try to keep your posts together on a single thread, rather than starting a new thread with every thought. Thank you for your cooperation.

 

[Just Blue]

chiswick - please try to keep your posts together on a single thread, rather than starting a new thread with every thought. Thank you for your cooperation.

He's been told this before. Plus he has an attorney he should be asking.

 

[chiswick]

Ok thanks will do

 

[not2cleverRed]

Legal advice: don't talk to her. Just say, "Please forward this request to my atty," and hang up.

Some of what she's asking is not out of line... Some of it is. What I do know for a fact: providing all the documentation showing that your separate assets are separate is going to cost $$$., and the opposing party may still try to write a book of fiction about it.

I am not saying don't do it. I'm saying that she can still try to say that, "What's mine is mine and what's yours is mine." If you have the documentation, it will go nowhere in court, but still cost you in legal fees.

 

[HRZ]

And you may not have a legal duty to reproduce a record you don't have or go get it from another place 100' down the street...BUT your attorney would or should know about how to address fishing trips. And her fishing trips for matters well before any divorce action was filed are questions for lawyer not layman.

BTW. Based on your comments about her movement of assets. AFTER the divorce action was filed...has your lawyer sent her lawyer targeted go get production requests?

 

[chiswick]

Yes she has.

 

[chiswick]

I have secured a refinance cash out loan to buy my wife out of the marital home. Closing is in 45 days. Since this was negotiated with my bank just the last couple of days I’m not sure if my wife’s attorney has been informed yet. I have informed my attorney.

I overheard my wife speaking on phone to a friend that I planned which was originally.. true to borrow the money from my sister. She said he’s borrowing the money from his friggin sister and I am not leaving this house.

Well now when she gets wind of the refinance and that I will indeed have a mortgage and her name will be off mortgage and deed and money will be in escrow account what are the consequences of her refusing to leave?

If you feel my question is redundant or has been answered before this is new now because of my option to refinance and not borrow from family.

I have appt to discuss with my attorney this week.

 

[Zigner]

I have secured a refinance cash out loan to buy my wife out of the marital home. Closing is in 45 days. Since this was negotiated with my bank just the last couple of days I’m not sure if my wife’s attorney has been informed yet. I have informed my attorney.

I overheard my wife speaking on phone to a friend that I planned which was originally.. true to borrow the money from my sister. She said he’s borrowing the money from his friggin sister and I am not leaving this house.

Well now when she gets wind of the refinance and that I will indeed have a mortgage and her name will be off mortgage and deed and money will be in escrow account what are the consequences of her refusing to leave?

If you feel my question is redundant or has been answered before this is new now because of my option to refinance and not borrow from family.

I have appt to discuss with my attorney this week.

You DO realize that she has to sign off on any attempt to remove her as an owner of the property, right?

Yes, discuss with your attorney.

 

[HRZ]

OP you are assuming a lot of steps will fall in place and the nature of all your questions suggests there are lots of loose ends ...I sure hope you are working with competent counsel.

 

[stealth2]

Not going back to reread all the details, but.... As this is the marital residence, she is under no obligation t move out until and unless a court orders her to do so.

 

[not2cleverRed]

I have secured a refinance cash out loan to buy my wife out of the marital home. Closing is in 45 days. Since this was negotiated with my bank just the last couple of days I’m not sure if my wife’s attorney has been informed yet. I have informed my attorney.

I overheard my wife speaking on phone to a friend that I planned which was originally.. true to borrow the money from my sister. She said he’s borrowing the money from his friggin sister and I am not leaving this house.

Well now when she gets wind of the refinance and that I will indeed have a mortgage and her name will be off mortgage and deed and money will be in escrow account what are the consequences of her refusing to leave?

If you feel my question is redundant or has been answered before this is new now because of my option to refinance and not borrow from family.

I have appt to discuss with my attorney this week.

What a charmer.

Surely by now you have communicated through the lawyers that these were her choices:
1) She could buy you out, and you move out.
2) You could buy her out, and she moves out.
3) The house could be sold, any gain/loss split equitably, and both of you could move out.

On what basis is it your understanding that she went with option 2? I would assume that you have something in writing. Is she just delusional and expects some white knight to come along with a pot of gold in one hand and a lance to for you out in the other?!

Why has your lawyer not drafted something to the effect that there is an expected time by which she is expected to clear her stuff out after the house changes ownership?

The consequences depend on what you have legally agreed to... and what the judge has had to decide (that's an order!) on your behalf. It sounds like she has had ample time to leave, has made excessive preparations to leave... but just. won't. leave.

If she persists, it will have to go to court and the issue forced by a judge. If the judge sides with you and she chooses to be defiant, all sorts of things can happen, depending on what she does, and how much she charms/pisses off the judge.

Just stay calm and do everything by the book. BTW, is there a reason you're not just selling this house of horrors?

 

[not2cleverRed]

Not going back to reread all the details, but.... As this is the marital residence, she is under no obligation t move out until and unless a court orders her to do so.

My impression is that she's not inclined to do so unless forced to.

Allegedly she has agreed to him buying her out, but shows no signs that she will actually move out. Unless one counts the $25K of new household items she's storing in the shed.

 

[HRZ]

OP your comments about STBX suggest she will find fault with anything you put on table ...so why not change your negioation strategy

 

[LdiJ]

My impression is that she's not inclined to do so unless forced to.

Allegedly she has agreed to him buying her out, but shows no signs that she will actually move out. Unless one counts the $25K of new household items she's storing in the shed.

I wouldn't move out either if my stbx was reluctant to give me my share of the home equity in a prompt manner as well.