How can a wife stop a husband from giving away their assets?
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How can a wife stop a husband from giving away their assets?
My father has been abusing my mother since the start of their marriage and she wants a divorce but he has threatened to give away all of their money and property to a charity if he even suspects that she is about to divorce him, leaving them both penniless. Everything they own is in his name and she doesn’t even have access to the paperwork. What can she do?
Asked on August 22, 2012 under Family Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 11 years ago | Contributor
In California, spouses owe one another fiduciary duties. That means they can't act in ways that harm the other, like giving away property to harm to other spouse. There are also specific rules against making large gifts without the other's consent.
The problem is that there is no way to enforce fiduciary duties between spouses without suing for divorce or separation. So, your mother would have to file for either divorce or separation to vindicate her rights. Any such lawsuit for divorce or separation would prompt automoatic restraining orders. These restraining orders would enjoin the husband from selling or giving away any community property.
In addition, if your father has more income than your mother, she can ask the court to force him to pay for her attorneys fees during the divorce process.
If you are in the Ventura or Los Angeles County area, feel free to contact me.
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