Can a California wife give away money prior to divorce?

Special_Profit4509 · 2024-10-30T03:13:34+00:00

It's sad to hear that you made a terrible mistake and used the money of the house to invest in the stock market. LOST ALL THE MONEY. Had to transfer the title of the car to your mom's name because you still owe money. Sad. you should let your wife know so she can forgive you.

conker574 · 2024-10-29T20:08:32+00:00

Freeze your accounts asap. Get to a lawyer. While you're married.... it's both of your money. She can spend 6k on a purse every week if she so chooses. (Generally speaking, not California specific)

Old-Macaroon8148 · 2024-10-29T17:07:09+00:00

Had one of you filed this would be dissipation and it’s illegal. Since nobody’s filed and you’re just sitting there it’s going to be tougher.

You could tell her no. Alternatively you could file now and “lock in” what values would be used in an asset split.

LashkarNaraanji123 · 2024-10-29T16:32:25+00:00

Document, document, document. Trust your instincts. Do not let her spend money without providing you with receipts.

Are you all in the same house? Does the father really need a whole new bathroom or just some grip handles and a walk-in shower?

And, again, Trust your instincts. From the tickling in your thumb, something wicked this way comes - attend to that feeling.

RunSulk76 · 2024-10-29T16:20:22+00:00

If you are not ready to file but you are uncomfortable with how the money is being spent, maybe suggest to move half of yours to a separate bank account. Or suggest getting a post-nuptial agreement. These may open new issues and talk of divorce may increase. But perhaps better than doing nothing.

leaving4me · 2024-10-29T16:08:55+00:00

The first thing that happens when you file is a mutual restraining order is issued that does a number of things, including freezing assets. Why are you waiting for her to screw you over on her terms?

TXJohn83 · 2024-10-29T15:58:25+00:00

Dude, if you are posting in this sub you have concerns... talk to a lawyer you are not talking about a small amount of cash.

MR-Ozmidnight · 2024-10-29T15:54:52+00:00

If you sense that something is off, it's important to pay attention—it's your mind signalling that there may be an issue. Never dismiss these feelings as trivial.

Make sure to keep a complete record of all money spent, as misrepresenting the value of your assets is not advisable. If you conceal information, such as financial gains from a promotion or raise before finalizing your divorce, it could lead to serious repercussions from the judge.

Investigate thoroughly, maintain detailed records, and inform your lawyer about your findings.

Good luck!

soontobesolo · 2024-10-29T15:47:31+00:00

Generally you can recover it, but it takes a lawyer and an understanding judge. Better to prevent such theft in the first place. Get a lawyer immediately.

EconomistVisible2767 · 2024-10-29T15:42:27+00:00

You should talk to a lawyer. But here's my understanding for what it's worth (not much, I am not a lawyer).

So, first thing, you need to figure out who will have jurisdiction in the divorce, CA or TN. I think there's a six month residency requirement for CA. I'm not sure if you can file during this time or not. It may be important because "Date of Separation" is key in CA divorces.

CA is a community property state. All assets and debts accrued in marriage are 50/50.

Community property rules end on Date of Separation in CA. That means everything she spends after the date of separation out of the community pot is actually out of her half of the community pot. She can no longer (in theory) spend money from your half of the pot. Date of separation is flimsy. It's roughly the date where intention to divorce becomes obvious. I filed to make it concrete. It's hard to refute a court stamped date.

Spending down assets in CA is frowned upon. So if your hunch is right, theoretically she'll be held accountable for it. I've personally seen a spouse be handed her own ass for doing it. She was denied alimony. But CA is also kind of unpredictable. I would think this kind of spending would be obvious and she would get caught. But you're taking a chance that the courts will care.

A CA divorce will most likely favor her over TN.

juliaskig · 2024-10-29T15:29:39+00:00

I think if they are marital assets, you should have a say in how they are dispersed. Are you ready to divorce her? Maybe think about an agreement of pay back if she gives away more than half her share of assets. It's hard to claw back assets after they have been given away, even if it's in bad faith. It's much easier to stop the give away now.

Talk to her about this, and tell her your concerns. Be open about communicating, and protecting yourself.

NothingIsEverEnough · 2024-10-29T15:26:12+00:00

Filing for divorce is step one. The court then automatically issues an order that would prevent waste of marital assets.

Prior to filing anyone can do anything. Without filing there isn’t an intent to divorce

Title	Can a California wife give away money prior to divorce?
Author	Dry-Context6619
Upvotes	16
Comments	22
Date	October 29, 2024 3:16 PM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1gex2fa/can_a_california_wife_give_away_money_prior_to/
Archive Link	https://theredarchive.com/r/Divorce_Men/can-a-california-wife-give-away-money-prior-to.1534058 https://theredarchive.com/post/1534058

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