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.
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