How can I get more information on my husband’s business transactions before entering into a marital settlement agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I get more information on my husband’s business transactions before entering into a marital settlement agreement?
I am going through a divorce and have found out that my husband and his business partner had bought and sold homes and land, without my knowledge. If I never signed the deeds, do I have rights to any of the proceeds to the properties? Also, I have found copies of recordings of property that my husband bought saying he was an unmarried man on the escrow papers, although we were married at the time. Is this considered real estate fraud? What are my options in terms of the marital settlement agreement? Also, there were properties bought that were not recorded with the county recorders office, what should I do to get these records?
Asked on August 17, 2011 California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should not enter in to a marital settlement agreement until there has been full disclosure of the property and transactions made during the marriage. You - or rather your attorney - will need to ask that the court allow you inquiry in to the business transactions made during the course of your marriage. His business would have to be valued anyway for distribution purposes. How the transactions are charcterized under the law - real estate fraud or what ever - is not relevant to you per se. That needs to be determined. But the information could be used as leverage in settlement discussions. Get legal help here. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.