Q: When my husband became aware that I would file for a divorce he hid our assets. What can I do to recover what is mine?
A:
Until a divorce has been filed, both parties have the right to do whatever they want with jointly owned marital property that is not titled property such as furniture.
If property is the type that requires a title such as a vehicle or bank account, what a party can do with the asset depends on whether the property is titled in the name of one party or both parties as well as the rules or laws related to joint ownership of the property. Generally, a vehicle titled in the name of both parties requires the signature of both parties before the vehicle can be sold. On the other hand, unless certain restrictions can be placed on a jointly owned bank account, either party has access to all of the funds in the account.
The only way to protect your share of jointly owned marital property is to hire an attorney to file for divorce. Tell your attorney you need the court's Standing Order. The Standing Order prohibits either party from selling, encumbering, or disposing of marital property while the divorce is pending. During the discovery process, you can discover where the property is located.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
