Rights to Equity?

[MFinancier]

Also, did the money you got for your premarital home go into the one purchased after you got married?

Ohiogal is pointing out something VERY important. Many people confuse separation pending a divorce with Legal Separation. They are two completely different things. As far as the finances are concerned..Ldij has focused on what is really important. California unlike lots of other states does not assume contributions of separate or nonmarital monies are automatically transmuted (comingled) into the community. If you have adequate documentation you can get reimbursed for all sorts of nonmarital contributions. How things are titled and who is named on mortgages does not effect this. The source of the funds is what is important. It may however temporarily impact one spouses ability to transfer or encumber assets until you file...but all the financials will be traced and documented for settlement. The key here is keeping good records...and not handing out untraceable cash. You are entitled to ALL of your separate assets and half of any passive appreciation in the community share. How the finances are handled during a legal separation are/should be spelled out in writing. How your finances are handled during temporary separation are subject to interpretation of California Code. In general, income and debts are separate unless they are related to the community and passive appreciation of community assets will be revalued and split when your divorce is final.

 

[MFinancier]

My spouse has manipulated this whole situation to stall ever reaching an agreement or producing anything in writing, he has spent 4 years conning me(my own stupidity) but love does funny things. How will his not producing a financial statement in the past 4 years affect his hiding funds and obviously deterring settlements? I believe NOW it was all stalling tactics to claim he has limited income available but I know different and he IS still in the home worth 500,000(lein).
He has probably converted all assets that would be traceable and hidden alot, What will a judge respose be to NOT producing a financial statement long ago?
This is not funny and very stressful. I was dedicated to trying to make my marraige work but I realize now it was all stalling tactics on his part to hide everything.So please don't be hard on me with your responses! Thanks

Hiding money is not as easy as most people think, a good forensic guy/gal will eat your STBX for lunch...he will ruin his standing in court...and the Judge will fry him if he doen't come clean with his disclosure!

 

[Ohiogal]

My spouse has manipulated this whole situation to stall ever reaching an agreement or producing anything in writing, he has spent 4 years conning me(my own stupidity) but love does funny things. How will his not producing a financial statement in the past 4 years affect his hiding funds and obviously deterring settlements? I believe NOW it was all stalling tactics to claim he has limited income available but I know different and he IS still in the home worth 500,000(lein).
He has probably converted all assets that would be traceable and hidden alot, What will a judge respose be to NOT producing a financial statement long ago?
This is not funny and very stressful. I was dedicated to trying to make my marraige work but I realize now it was all stalling tactics on his part to hide everything.So please don't be hard on me with your responses! Thanks

DO YOU OR DO YOU NOT HAVE A DECREE OF LEGAL SEPARATION? Start there and you might get answers. Don't answer that question and you get nothing. Got it?

 

[deedee584]

DO YOU OR DO YOU NOT HAVE A DECREE OF LEGAL SEPARATION? Start there and you might get answers. Don't answer that question and you get nothing. Got it?

YES! But at the one and only hearing NOTHING was discussed because he told the judge he wanted to attempt counsel and it only lasted one session(I did not know exactly what was transpiring and my now fired attorney filled me in to the game as we were leaving court room) and now I see it was just the beginning of 4 years of stalling. There is a settlement hearing Sept 9th and he has already said he was taking it to trial.He mentioned to my daughterinlaw that he would do whatever it took to take it as long as he could.Look I know nothing about law and proceedures and that is probably why I am getting nothing and paying alot of do nothing attorneys to get me alot of nothing sorry doing best I can to get this into my past .

 

[Farfalla]

YES! But at the one and only hearing NOTHING was discussed because he told the judge he wanted to attempt counsel and it only lasted one session(I did not know exactly what was transpiring and my now fired attorney filled me in to the game as we were leaving court room) and now I see it was just the beginning of 4 years of stalling. There is a settlement hearing Sept 9th and he has already said he was taking it to trial.He mentioned to my daughterinlaw that he would do whatever it took to take it as long as he could.Look I know nothing about law and proceedures and that is probably why I am getting nothing and paying alot of do nothing attorneys to get me alot of nothing sorry doing best I can to get this into my past .

What is he stalling on? Finalizing the legal separation or the divorce?

 

[LdiJ]

What is he stalling on? Finalizing the legal separation or the divorce?

Its the property settlement he is stalling on.

 

[deedee584]

Yes money is his God and he will do whatever it takes to keep and get every dime +.
I realize I am dealing with a con who used faith and church as his avenue and diagnosis for me is that he IS a sociopathic narcistic, physcopath and I am NOT kidding. But he is VERY GOOD at fooling everyone around me and the system!!!!
So much of it all is hard for anyone to take in let alone believe the truth of it all, But it is the truth behind closed doors! He has made great efforts to wreck my reputation and make his image upstanding. So I feel defeated before I even get in the court room because I have not found an attorney that understands what we are going up against and he IS a paper trail person obsessive.
He has been keeping documents way before I had a clue what he was doing?
Like I would pay for all the things that had no receipts at least I didn;t think I had to keep the food and clothing etc household etc.I TRUSTED and it was a mistake, I believed in my spouse and he bit me bad.CON man all the way,,,,,

 

[Farfalla]

Its the property settlement he is stalling on.

It is it the perperty settlement for the legal separation or the property settlement for the divorce?

After reading up in her state's Legal Separation law, there is a property settlement done with the legal separation. At that all future property/debt is separate. A new settlement is not done with the divorce... a divorce simply ends the marital ties.

If she is still fighting the property settlement for the legal separation, than I dont' think there is a final legal separation yet... even after all this time. And that totally changes things.

 

[Farfalla]

Yes money is his God and he will do whatever it takes to keep and get every dime +.
I realize I am dealing with a con who used faith and church as his avenue and diagnosis for me is that he IS a sociopathic narcistic, physcopath and I am NOT kidding. But he is VERY GOOD at fooling everyone around me and the system!!!!
So much of it all is hard for anyone to take in let alone believe the truth of it all, But it is the truth behind closed doors! He has made great efforts to wreck my reputation and make his image upstanding. So I feel defeated before I even get in the court room because I have not found an attorney that understands what we are going up against and he IS a paper trail person obsessive.
He has been keeping documents way before I had a clue what he was doing?
Like I would pay for all the things that had no receipts at least I didn;t think I had to keep the food and clothing etc household etc.I TRUSTED and it was a mistake, I believed in my spouse and he bit me bad.CON man all the way,,,,,

Did you get a court document, signed, stamped, etc for a legal separation? If so what was the property settlement in the legal separation?

 

[Ohiogal]

YES! But at the one and only hearing NOTHING was discussed because he told the judge he wanted to attempt counsel and it only lasted one session(I did not know exactly what was transpiring and my now fired attorney filled me in to the game as we were leaving court room) and now I see it was just the beginning of 4 years of stalling. There is a settlement hearing Sept 9th and he has already said he was taking it to trial.He mentioned to my daughterinlaw that he would do whatever it took to take it as long as he could.Look I know nothing about law and proceedures and that is probably why I am getting nothing and paying alot of do nothing attorneys to get me alot of nothing sorry doing best I can to get this into my past .

So what does the decree of legal separation state? Seriously. If you have a decree from four years ago stating that you are legally separated and the court made it is an order that is it. Apparently you don't understand because you don't have a court ordered legal separation or this would have been settled.

 

[deedee584]

Thank you for your persitance on the legal seperation order. I went back thru papers and called court house and there is NO court judgement order only the filing for it by me 4 years ago never a hearing. Apparently that is what is occurring Sept 9th settlement conferance.
SO...... Does this mean we were never legally seperated and Does this mean since attempts have been made numerous times to reconcile and counsel that we were and are considered married.
Divorce was filed in Nov 2007 but never heard yet either????
How does this play out for me concerning assets and equity??????thanks again

 

[LdiJ]

Thank you for your persitance on the legal seperation order. I went back thru papers and called court house and there is NO court judgement order only the filing for it by me 4 years ago never a hearing. Apparently that is what is occurring Sept 9th settlement conferance.
SO...... Does this mean we were never legally seperated and Does this mean since attempts have been made numerous times to reconcile and counsel that we were and are considered married.
Divorce was filed in Nov 2007 but never heard yet either????
How does this play out for me concerning assets and equity??????thanks again

Yes, you are still married. Even with a legal separAtion you would still be married. However, it does appear that you were never legally separated.