Q: We’re separated, house is titled in one name. Both parties clearly have a financial interest in the house.
We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K
A:
You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your interest in the property, the issue could be complicated. You really need a good family law attorney.
I do not see any criminal activity here. If the deed to the property was recorded in his name, he committed neither fraud nor theft. The division of marital assets (the profits from the sale of the house could be a marital asset) is a civil matter to be handled in the litigation of the divorce.
I am not sure what prior domestic violence has to do with anything at this point. Domestic violence WOULD be a criminal matter, but if you failed to timely report, it may be impossible to gather the evidence necessary for a successful prosecution at this point. Accusations of domestic violence would factor into child custody negotiations, but are not relevant in a divorce without children.
A:
One place to look is the county recorder's records and see what records exist regarding the house: https://recorder.maricopa.gov/recdocdata/
I would recommend putting the records together regarding the title of the home and speaking with a lawyer about this.
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.
