QUESTION

Can my husband just take everything I own?

Asked on Aug 25th, 2011 on Child Custody - Virginia
More details to this question:
My husband abandoned me took everything with any value, now he is trying to take my house and land (I am here). Most everything is in my name and he is signing my name to a lot of credit cards, titles, closing business account that I opened up, and coming to the house when I'm not here and slowly taking everything. He has a lot of crooked police friends and even a judge. What can I do?
Report Abuse

10 ANSWERS

You are going to have to file a divorce action to give the court a basis to sort out the property. The statute says that the court is to make a fair and equitable division of all of the property. There are a number of factors that the court is supposed to consider in reaching that division. If the court is going to divide the property, it first has to classify it. All of the property is going to be classified as your separate property, your spouse's separate property, or community property. Which of these classifications a particular piece of property falls into will depend on how and when the property was obtained. In most cases, property obtained during the marriage will be community property. Once the property is classified, how it gets divided will depend on a number of factors. Some of the factors that the court may consider are the duration of the marriage, the ages of the parties, the health of the parties, the educational background of the parties, the employment history of the parties, and each party's future prospects. The court then has to come up with what the court believes is a fair and equitable division of all of the property using these and other factors. Now, if there is enough community property so that the court can come up with a fair division using just the community property, the court will generally do that. However, if there is not enough community property for the court to reach what it believes is a fair division, then, it can invade separate property.
Answered on Aug 26th, 2011 at 8:29 PM

Report Abuse
Steven D. Dunnings
If you have not filed for divorce you should and try to get an injunction against him. If he is forging your signature, you need to file a complain with the police.
Answered on Aug 26th, 2011 at 12:20 PM

Report Abuse
Divorce Attorney serving Brookfield, WI
1 Award
Get a restraining order, then also file for divorce. You need to put a stop immediately to all of this through the restraining order. Also sounds like some fraud with the credit cards and such - perhaps get police involved. But the restraining order is immediate.
Answered on Aug 26th, 2011 at 10:37 AM

Report Abuse
Criminal Defense Attorney serving Dunedin, FL
2 Awards
File for Divorce and start taking action. As long as you are married, the property he is removing is marital property and he has as much right to it as you do. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Aug 26th, 2011 at 9:51 AM

Report Abuse
Glen Edward Ashman
First of all, if you call judges crooked, you will find yourself to be unable to find a lawyer. Second, if he is committing forgeries, you should be making reports with the FBI and local police and swearing out warrants. He would be in jail rather than in your home. Third, why have you not hired a lawyer and gotten a restraining order? When you sit on your hands and refuse to hire a lawyer, you will do very badly in the case.
Answered on Aug 26th, 2011 at 5:39 AM

Report Abuse
Family Law Attorney serving Santa Ana, CA at Law Office of Rhonda Ellifritz
Update Your Profile
File for divorce immediately so that the automatic restraining orders that take effect upon service of summon will come into force. If you stay married, he will ruin you financially. Run a credit report to find out what accounts are out there and close all accounts in your name.
Answered on Aug 25th, 2011 at 8:26 PM

Report Abuse
Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
Update Your Profile
No. When you file for divorce, the procedure requires that all marital property be divided fairly. There are no absolute rules, but 50/50 is typically the starting point. If you and your husband cannot agree on how to split things up, a judge will make that decision. If he is incurring credit in your name and closing accounts that are in your name, he is probably committing criminal forgery. That will be a relevant factor in deciding how the property should be divided. You need to consult a lawyer and begin the divorce process as soon as you can.
Answered on Aug 25th, 2011 at 8:26 PM

Report Abuse
File for divorce, seek immediate ex parte restraining orders preventing the activity you are concerned about. Seeking temporary orders to do the same when the ex parte orders run out and then push for a final resolution at trial asking for the same things.
Answered on Aug 25th, 2011 at 8:18 PM

Report Abuse
Contracts & Agreements Attorney serving Chantilly, VA
You must speak with a lawyer to evaluate your case. Please don't wait. Just because he knows a judge or some police officers does not mean he can do anything he wants.
Answered on Aug 25th, 2011 at 7:55 PM

Report Abuse
Family Law Attorney serving Everett, WA at Burkhalter Law PLLC
Update Your Profile
File for divorce, get ex parte restraining orders and pursue a motion for temporary orders.
Answered on Aug 25th, 2011 at 7:55 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters