CuriousGeorge
enthusiast
Reged: 01/15/09
Posts: 216
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Re: Separate, Community, Commingled? Help
01/08/10 08:41 AM
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No - I have never heard of someone taking it that far. Ridiculous. She is squeezing every penny she can get out of this.
My theory: This is her way of not having to take on any of the business debt. If she can create a virtual mountain of monies owed to her seperate estate, she can position in negotiations to say "I'll forgive the debt owed to my separate estate, if you just own the business debt."
Does she have a good paper trail for all of this? Set a very high standard to protect yourself. She would need to show me that she withdrew $61.22 (w\receipt) for Dog Grooming AND have a receipt from the Dog Groomer that she paid $61.22 (w\receipt). A cleared check would accomplish the same.
BUT - the paper trail is not enough. I would argue that SHE was in control of her separate estate and SHE chose to use that estate for HER voluntary living expenses without conferring with you. She picked out the wallpaper, it was NOT a necessity. She chose to use the Dog Groomer rather than doing it herself (not a necessity).
ALSO - If she withdrew $1000 from her separate estate and deposited it into a marital checking account and then proceeded to spend money from the marital checking account, you need to claim co-mingled funds and that there is NO way you can trace usage of the money. I have been told by multiple lawyers that there is no real way to prove that she deposited a 1000 pennies and then spent 980 pennies and that only the pennies she deposited were taken from the marital account.
If you did the pool maintenance, where is she getting receipts to prove that she paid someone for pool maintenance? Is she going to come up with fraudulent receipts? Submitting fraudulent receipts as evidence to the court is a crime and I would let her attorney know that - he already knows - but needs to know he should walk a straight line.
Sorry my friend, but this divorce is going to take some time. Not going to be over in 61 days. Get your running shoes on and work off some of the negative emotional energy she is creating.
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You never know someone until you divorce them.
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Separate, Community, Commingled? Help
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sadad
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01/03/10 12:30 PM
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Re: Separate, Community, Commingled? Help
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CuriousGeorge
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01/06/10 02:00 PM
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Re: Separate, Community, Commingled? Help
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sadad
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01/06/10 05:34 PM
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Re: Separate, Community, Commingled? Help
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CuriousGeorge
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01/07/10 09:54 AM
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Re: Separate, Community, Commingled? Help
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sadad
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01/07/10 11:55 PM
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Re: Separate, Community, Commingled? Help
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CuriousGeorge
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01/08/10 08:41 AM
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Re: Separate, Community, Commingled? Help
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sadad
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01/08/10 06:03 PM
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Re: Separate, Community, Commingled? Help
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CuriousGeorge
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01/08/10 07:55 PM
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Re: Separate, Community, Commingled? Help
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sadad
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01/09/10 07:48 AM
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Re: Separate, Community, Commingled? Help
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CuriousGeorge
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01/09/10 01:23 PM
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Re: Separate, Community, Commingled? Help
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sadad
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01/09/10 02:44 PM
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Re: Separate, Community, Commingled? Help
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CuriousGeorge
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01/10/10 10:32 AM
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Re: Separate, Community, Commingled? Help
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sadad
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01/10/10 03:25 PM
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