janni pritchard said:
My husband and I purchased a mobile home a year before we got married. My name is on the documents as a co-purchaser. I need to know if he can sell the house before I can get into court. I left the home about a month ago and I'm saving the money for legal fees. I'm scared to death that he will sell the house and give his family the money till the divorce is settled. He already closed a joint checking account without my signature. What else can I do to protect myself and my credit? Thankyou so very much to anyone who responds! Janni
My response:
I don't quite understand what you're concerned about.
It doesn't matter if he keeps the property, sells the property, closes accounts, or sells of the family hogs. It doesn't matter.
You see, you're always going to be entitled to your share of the property that was part of the marriage. Values of property can always be proved, at any time. For example, let's take that checking account. When you left, there was, let's say, $800.00 in the account. The bank records can always be received from the bank, and you'll always be entitled to $400.00. Same thing with the Mobile Home. It has a value on the date of sale. He can go to Las Vegas and spend all the money. It doesn't matter. You'll always be entitled to half, and he'll always be on the hook for it.
If he sells off the assets of the marriage, the judge will order him to pay you your share - - and even before the divorce is finalized. How's that?
It will also be very dumb of him to sign your name to legal documents because, again, those documents can be subpoenaed and used against him in court.
So, let him think he's getting away with something. He's not, but he'll think so. And, as a matter of fact, by him selling off the assets, it'll work against him in court.
But, if you were to file for divorce tomorrow, then in the papers themselves, there's an automatic restraining order from doing what he's doing, and once served with the papers, if he tried to sell off the assets, he'd be in contempt of court, subjecting himself to an immediate jail sentence.
IAAL
