Oakland, CA asked in Divorce and Family Law for California

Q: Divorce in California

If I have finished transfer the money in my bank account to someone else under their title to minimize the amount of money split with my wife when divorced and I want to file a divorce after that, how long does it legally take for the transfer to take place so that if the divorce is successful, the split of money between me and my wife is minimized?

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: That’s fraud and breach of fiduciary duty for which you can be sanctioned.

Mike Darlington
Mike Darlington
Answered
  • Shingletown, CA
  • Licensed in California

A: It's probably not the best idea to go on a public bulletin board and declare that you are going to defraud the judicial system and cheat your wife out of what is at least half hers.

The only advice I can give you is to do the right thing and be fair to your former partner; otherwise, as the prior attorney pointed out, it could backfire on you and you could be sanctioned by the court. One of the possible sanctions for disclosure misrepresentation could be a 100% award of the asset to your wife.

I would hope there is no attorney that would get involved in your nefarious scheming.

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