Q: 2 weeks ago I found mortgage documents, deed, then a quit claim deed transferring property by my husband after I filed
I was totally unaware of this property transaction. It shows my spouse and a family member as joint tenants in a mortgage taken in 11/13. Then I found a quit claim deed showing my husband conveying the property to the family member on 6/3/16 less than 2 months after I filed for divorce. I have shared them with my attorney. Many discovery requests made by my previous attorney for missing bank and statements have been ignored so I cannot check to see my spouses contribution to the down payment of $150,000. However the total mortgage was for $383,000+ and the property is now worth approx $650,000. Here are my questions. 1. We will be filing for dissipation but how do legal charges against my spouse begin and what are the penalties? 2. Does the family member that helped my spouse to hide the asset possibly face criminal charges and if so what? Thank you in advance for your help
A: Only your attorney knows all of the facts, and only he or she is in a position to give you a responsible answer. However, and just off-hand, I might say that this may not be a dissipation situation. It sounds as though it may be more like the relative is holding your spouse's interest in a constructive trust for your husband. In this event, your husband's full interest could likely be marital property. If so, it is possible that there is no dissipation because the value of the investment has increased to your benefit also. I sincerely doubt that the relative has violated any criminal laws.
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