Going through a divorce is often a highly contentious process for many, but doing what you can to work with your spouse can help make this process go more smoothly. Unfortunately, this may not be possible for those with tension between themselves and their ex. As a result, your spouse may do things to spite you, such as selling assets without your permission. Understanding your rights in this situation is vital, so you’ll want to keep reading and learn why you need to contact a Los Angeles divorce attorney.
Why Would a Spouse Sell Assets During a Divorce?
There are a number of reasons that your spouse would want to sell assets before your divorce is final. However, the main reason is that they want to garner as much money as possible.
California is a community property state, meaning all marital assets are divided evenly between both parties if you and your spouse cannot come to an agreement on how to distribute your assets. As such, your spouse may decide this seems unfair and take matters into their own hands. They may sell your shared property for cash so that the courts do not become suspicious of any deposits in their bank account.
When a spouse sells assets, they are able to obtain the full monetary value of it without having to share it with you. This is done to cheat their spouse out of the settlement they are entitled to. These assets often include selling furniture, cars, jewelry, and other expensive property that may be easily missed.
What Happens if My Spouse Is Selling Assets Without My Permission?
Fortunately, if your spouse is selling assets without your permission, it is very likely they will be caught. These transactions lead to a paper trail, meaning it would be very easy to find out when a spouse sold an asset and how much money they obtained for the item.
If your spouse is caught, a judge may decide to charge them with a criminal offense like fraud. However, it is more likely that the judge would order them to relinquish 50% of the funds they obtained for the sale of the marital assets, but they could also make your spouse pay for the court fees and cover your legal expenses.
It’s important to note that your spouse should be aware that selling assets during this process violates the Summons they receive when they are served divorce papers.
If you believe your spouse is selling assets before your divorce is finalized, it’s vital to contact an experienced attorney as soon as possible. Not only is this a violation of the Summons, but it may also constitute fraud. At the Zitser Family Law Group, we believe you should receive the full value of the assets you are entitled to. If your spouse impedes this right, contact us today to learn how we can help.
