QUESTION
To sell everything prior to filing for divorce?
Asked on Jul 01st, 2015 on Divorce - Wisconsin
More details to this question:
I believe that my husband is setting me up to ask for a divorce. I have been living with him since 2003. We got engaged in 2005 and married in 2009. Prior to marriage I had multiple properties and sold all but one. My now husband moved into the home that we live in 3 months prior to me and my son moving in. Since it was a new house I paid $1500 monthly towards living expenses. In 2005 we built a cabin. At that time he decided that he would pay the mortgage on the home that we lived in and I would pay the primary mortgage on the cabin as well as the property that I owned prior. He would also pay the 2nd mortgage on the cabin. Last year we purchased a home in Fort Myers Beach. He is now selling everything except the Florida home and wants to rent an apartment instead. I feel that once all properties are sold he will ask for a divorce. Will I loose all proceeds from the sales if this is all sold prior to the papers being filed? We currently live in WI he wants to move to MN
1 ANSWER
4 Awards
If you believe your husband is divesting the estate to take all the money and run, you could consider the option of filing for divorce or Legal Separation; once the case is filed, there will be a cautionary provision in the initial papers that you cannot sell, trade or give away marital property, without the other spouse's consent or by order of the court; further, you can request an initial court hearing which will take place in the first thirty or so days after filing, and at that court hearing can ask for an order that your spouse cannot sell any assets during the middle of the case and any assets that have been recently sold, that all of those monies be deposited into an escrow or trust account out of your husband's control, and no monies can be distributed from that account unless agreed to by the parties or by further order of the court; absent your filing a legal case as outlined above, you have little or no legal recourse against your husband and his plans apparently to liquidate the estate.
Answered on Jul 02nd, 2015 at 8:47 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com