Missing $50,000 from community property

[Bali Hai]

Sorry, you must have missed the fact that he admitted he removed the money.

You're going down the same dead end road that the protectors of divorcing women went down.

He moved the money prior to a 1994 freeze order and subsequently lost it.

That's his story. It's up to others to prove he is lying. It's not up to Chadwick to prove he is not lying.

If there was any proof that the money now exists, he would still be in jail.

 

[Bali Hai]

They believed that he WOULD produce the money. He chose to stay in jail instead of producing the money. I am not at all surprised that there are people in this world who would rather spend 14 years in jail than give money to their ex-spouse, given the choice. You strike me as one of those people.

You're right, I'm not going to just lay down and take a screwing without putting up a fight.

The judge released him because he believed that further incarceration would not change this guy's mind. NOT because he was convinced that there was never any money to begin with.

And I will say one more time, in THIS POSTER'S case, the money he is concerned about is probably NOT EVEN MARITAL PROPERTY. From his description, it seems like it's an account that was accrued prior to the marriage and cashed out but kept separate during the marriage, making it separate property except maybe a small amount representing the change in value between the day they got married and the day she cashed it out in 2008.

So I guess what you're saying is if you hide money during a divorce, go to jail and wait it out, you can keep the money when you get out?

 

[cbg]

All of which is irrelevant to the poster's situation since it's questionable whether this was marital property in the first place.

 

[tranquility]

You're going down the same dead end road that the protectors of divorcing women went down.

He moved the money prior to a 1994 freeze order and subsequently lost it.

That's his story. It's up to others to prove he is lying. It's not up to Chadwick to prove he is not lying.

If there was any proof that the money now exists, he would still be in jail.

That is an incorrect statement of the law. The judge who released him found that the confinement had lost its coercive effect. The purpose of civil contempt is to coerce the person to follow court orders.

Before you continue to look the fool, you should probably read some of the cases involved with this jerk's wasting of public resources rather than some blogs on the subject.

I'm out, funsucker time and it's not even noon.

(By the way, what IS his story? I don't see you posting the record of his claims.)

 

[missing50k]

And I will say one more time, in THIS POSTER'S case, the money he is concerned about is probably NOT EVEN MARITAL PROPERTY. From his description, it seems like it's an account that was accrued prior to the marriage and cashed out but kept separate during the marriage, making it separate property except maybe a small amount representing the change in value between the day they got married and the day she cashed it out in 2008.

This is where you make WRONG assumptions

The majority (like 90%) of the $50K or so, was accumulated during married period and what I am concerned is the amount accrued and grew under account management, while married. She can and I believe should, keep her 10% or so separate. I don't care. She also have some settlement money from one of her ex-employers, which she came into a few years before we got married. It was from a sexual harassment thing and although she never told me, I saw a letter from her attorney once in the open that the settlement offer was for $250K and attorney was going to take 40%. It is socked away somewhere but I have never asked what happened to that money as I have nothing to do with it, I know. So before making any assumptions, you might want to consider I am telling the truth and am not a guy who is trying to screw his stbx out of what is rightfully hers. This is the bias in favor of women I am getting from everyone I am talking to. And it is not baseless.

On a second note, since I did not mention the other juicy details of how my marriage come to an end and what she dragged me thru in these last 2 years, while our divorce case is going on, I would rather have a lawyer rip her in to shreds, spending unspeakable amounts of money, than taking the money and go my way, maybe go into therapy as someone else suggested. In my life, I have never wished ill for anyone, but the cunning treatment I have received from my stbx is something else. I wish her the worst that she can possibly get in any aspect of life. Go ahead and tell me "you're an idiot" or any other derogatory term that you can, but it will not change how I feel or the facts surrounding my divorce.

Right now, I am trying to protect, what I think is rightfully mine. That is it. My emotions and emotions from most of you, are a totally different matter. And I see that I am up the creek without a paddle, legally speaking. I will just ask to see the fund dissoution papers and the missing bank statements from the discoveries. Barring a last minute revelation, I'm gonna say F*** it and finish this pain in less than a couple of months.

Last but not the least, the comments posted in between my last two postings, show, what I am trying to say about preferential treatment towards women in divorce cases. I am not sure how many of those comments were left by female members but I can bet dollars to your pocket lint that most of not all of those, are/were coming from women. So, thank you for making my case. And yes, this comment has nothing to do with legality, just my feelings and whoever said "The law is reason free from passion" must have been smoking something. Please don't tell me a judge or a lawyer or even a court clerk, scorned by his or her spouse during a divorce, will look at a divorcing couple equally. Impossible!

 

[Zigner]

This is where you make WRONG assumptions

The majority (like 90%) of the $50K or so, was accumulated during married period and what I am concerned is the amount accrued and grew under account management, while married. She can and I believe should, keep her 10% or so separate. I don't care. She also have some settlement money from one of her ex-employers, which she came into a few years before we got married. It is socked away somewhere but I have never asked what happened to that money as I have nothing to do with it, I know. So before making any assumptions, you might want to consider I am telling the truth and am not a guy who is trying to screw his stbx out of what is rightfully hers. This is the bias in favor of women I am getting from everyone I am talking to. And it is not baseless.

On a second note, since I did not mention the other juicy details of how my marriage come to an end and what she dragged me thru in these last 2 years, while our divorce case is going on, I would rather have a lawyer rip her in to shreds, spending unspeakable amounts of money, than taking the money and go my way, maybe go into therapy as someone else suggested. In my life, I have never wished ill for anyone, but the cunning treatment I have received from my stbx is something else. I wish her the worst that she can possibly get in any aspect of life. Go ahead and tell me "you're an idiot" or any other derogatory term that you can, but it will not change how I feel or the facts surrounding my divorce.

Right now, I am trying to protect, what I think is rightfully mine. That is it. My emotions and emotions from most of you, are a totally different matter. And I see that I am up the creek without a paddle, legally speaking. I will just ask to see the fund dissoution papers and the missing bank statements from the discoveries. Barring a last minute revelation, I'm gonna say F*** it and finish this pain in less than a couple of months.

Last but not the least, the comments posted in between my last two postings, show, what I am trying to say about preferential treatment towards women in divorce cases. I am not sure how many of those comments were left by female members but I can bet dollars to your pocket lint that most of not all of those, are/were coming from women. So, thank you for making my case. (Yes, this comment has nothing to do with legality, just my feelings and whoever said "The law is reason free from passion" must have been smoking something. Please don't tell me a judge or a lawyer or even a court clerk, scorned by his or her spouse during a divorce, will look at a divorcing couple equally. Impossible!

Oh brother!

 

[tranquility]

Last but not the least, the comments posted in between my last two postings, show, what I am trying to say about preferential treatment towards women in divorce cases. I am not sure how many of those comments were left by female members but I can bet dollars to your pocket lint that most of not all of those, are/were coming from women. So, thank you for making my case. And yes, this comment has nothing to do with legality, just my feelings and whoever said "The law is reason free from passion" must have been smoking something. Please don't tell me a judge or a lawyer or even a court clerk, scorned by his or her spouse during a divorce, will look at a divorcing couple equally. Impossible!

It was I who pointed out the law and how sex neutral is. Quoted it and everything. Back before the changes in 1975, you might have been right. But then, you would have been the one who essentially had management and control of the funds--being the man and everything.

And, I'm XY positive and proud. I think the difference is, I like women.

 

[cbg]

Hey, pal, I tried. But if you can't even tell me what kind of account it is, there's not a whole lot I can do.

You want to consider that bias, fine, it's bias. Take your own bias and deal with it. I'm out of here - gonna spend my limited time helping someone who appreciates the effort.

 

[missing50k]

All of which is irrelevant to the poster's situation since it's questionable whether this was marital property in the first place.

Please see my post above. 90% if not more, of this money is marital property. Just to simplify the situation I omitted this detail. Otherwise, the portion I am interested in and think it should be considered is the marital property portion of this money, not the whole thing.

I see that it is very easy to make assumptions against the husband. I am quite sure, if I posted this under the guise of a woman, whose husband did something like what my ex pulled, you would be all over her case and say how rightfully this money was hers. But since I am the husband, I should have the burden of justification.

I am speechless.

 

[Zigner]

Are you saying that this was her separate account that merely increased due to interest?

 

[cbg]

And I posted that before you explained. Note the order of the posts.

I'm still out of here. I've told you what I can. If you want to consider it bias, it's no skin off my nose. I don't have a dog in this hunt.

Next time you ask for free advice from volunteers, be prepared to answer questions when they ask them and not several pages later. I'm not wasting any more time on you.

 

[missing50k]

Ladies, and I am using the term very lightly,

JUST FORGET IT !

I got my answer. Which is, there is no unbiased way of getting a response here in a divorce case, as this place is overrun by scorned women, cunning against any and all men who dares to post a question here. Next time when I have a question, I will create a different persona and act like I am a woman. But it still defeats the purpose of getting a "free from passion" response.

Goodbye.

 

[quincy]

Ladies, and I am using the term very lightly. . . there is no unbiased way of getting a response here in a divorce case, as this place is overrun by scorned women, cunning against any and all men who dares to post a question here.

"When women are the advisers, the lords of creation don't take the advice till they have persuaded themselves that it is just what they intended to do; then they act upon it, and if it succeeds, they give the weaker vessel half the credit of it; if it fails, they generously give her the whole."

- Louisa May Alcott

 

[tranquility]

Ladies, and I am using the term very lightly,

JUST FORGET IT !

I got my answer. Which is, there is no unbiased way of getting a response here in a divorce case, as this place is overrun by scorned women, cunning against any and all men who dares to post a question here. Next time when I have a question, I will create a different persona and act like I am a woman. But it still defeats the purpose of getting a "free from passion" response.

Goodbye.

Goodness, I supplied many answers. I gave them in an unbiased way. To the specific question:

And, whose burden is it to prove where this money is. I mean, do I have to hire a PI or a Forensic Accountant as suggested above to prove, the money is nowhere to be found, or is it her burden to prove that, money withdrawn is used for something enhancing the living of the married couple ? I.e., something we both have benefited when she dissolved this account ? That's where I am puzzled.

I gave a specific answer and supplied the Family Code supporting it. I also explained additional problems related to your assumptions. (Like how the money does not have to benefit both of you to be a legal withdrawal.) I also pointed out that such a sum could be easily community property even if accumulated in a short time.

In fact, I'd love to see where you have the right to claim bias based on your sex either in my or others' posts. What answer did you seek? That your spouse has to prove she's not lying? But, that's not the law.

I understand that you are angry and bitter because you were not engaged in the financial aspects of your relationship. Super. Prior to 1975, any man who behaved as you did would have been creamed by the courts for the lack of, hmm, how do I say this without insult, for the lack of behaviors the law expected from men. You are lucky this is post 1975. It seems like you are also lucky to have been involved with a woman who can produce such a level of income. Unlucky because she was whatever she was that was unacceptable to the relationship, sure, but lucky in other ways.

As for me:
http://imgur.com/iMR3n

 

[ecmst12]

I'm not divorced or otherwise scorned.

I think you are focusing your energy on the wrong things, but that is your right.

I think you are setting yourself up for bad things to happen to you, by not only wishing bad things on your ex, but actively attempting to make them happen. You get back what you send out....and her doing bad things to you does not make it ok for you to return the favor, cosmically speaking. I think you would make yourself happier in the long run if you change your focus, but again, that's your choice whether you want to be happy or whether you want to cause pain.

But taking your frustration with your situation out on people who are trying to tell you the legal truth, just because it's not what you wanted to hear, is not very nice, and it's not going to get you any more help. Yes, your options are limited and yes, your wife MIGHT get away with keeping you away from a little bit of money. But even if she is hiding some money, you will probably spend far more trying to prove it. You decide if it's worth it to prove a point. And you might spend the money and find that you were wrong and there IS no other money.