Donahue
recently joined
Reged: 07/03/11
Posts: 2
Loc: California
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we are divorcing amicably, its final in September (I am in California). I am doing a bankruptcy to get out from under all of the credit card debt...and doing a short sale on the condo. BUT at the same time, I am starting two small corporations...months after we split and filed for divorce. Can she come after my share in those corporations?
thanks to anyone with experience that can shed light on this.
Donahue
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Donahue Vanderhider, MSG
Gerontologist
caregiverrelief.com
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HGB
recently joined
Reged: 07/13/11
Posts: 1
Loc: Aurora, Colorado U.S.A.
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This may help you:
"California is a community property state. Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property. Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, in a proceeding for dissolution of marriage or for legal separation of the parties, the court shall divide the community estate of the parties equally. Separate property is not included in the division of the community estate.
"Separate property of a married person includes all of the following: (1) All property owned by the person before marriage. (2) All property acquired by the person after marriage by gift, bequest, devise, or descent. (3) The rents, issues, and profits of the property described in this section. (b) A married person may, without the consent of the person's spouse, convey the person's separate property. After entry of a judgment of legal separation of the parties, the earnings or accumulations of each party are the separate property of the party acquiring the earnings or accumulations." [Based on California Family Code - Sections: 760, 770, 772, 2550]
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Aloha & Happy Trails,
stemcellfountainofyouth.com Adult Stem Cells, The Fountain of Youth
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Senly16
recently joined
Reged: 07/27/11
Posts: 2
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Can you answer the same question for me (reversed in way) with the laws of New York State. I was left with 30k debt in my name from my separation agreement as my soon to be x said in his lawyer correspondence to mine, I made more money that him so he could not finance the one or half of debt to his name. he also states he could not afford filing fees. The legal correspondence took place in 2010 his lawyer letters stating he could not refinance one of the two loans in my name or pay filing fees. When we separated in 2009 he was making 30k and me 48k. I just found out the LLC he bought with his brother's money before we seperated has profited over 120k in 2010 and did well for a first year company in 2009. I am now at 52k and he is obviously well above that. Am I entitled to a reconsideration by the court due to him lying and obviously hiding assets? He falsified or his lawyer made this statement leaving me to believe I could never get him to take over a loan because he could never afford it, now i have proof (w-2) he can? Do I start over? Can I? What can I do in New York State if he made the money after he left me but we are still legally married.
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