During a marriage, one spouse may be tempted to misappropriate, hide or retitle assets that actually belong to both spouses as community property. The reasons for this type of behavior are many. A spouse who does this may sense that a divorce is likely and try to spirit away a portion of the community assets. A spouse may have a drug, alcohol or gambling problem. Or he or she may give lavish gifts to a lover. Whatever the reason for the behavior though, the victimized spouse has legal options.
Butler, Thiessen & Metzinger, Inc. in Stockton is a team of highly experienced asset division attorneys who understand California law as it relates to squandered, omitted and hidden assets. In your case, our law firm will work tirelessly to protect your rights and assets.
Call us today at 209-390-8829 to schedule a consultation about your case.
We Have The Resources That Can Uncover Omitted And Hidden Assets
When you choose us to represent you, we will undertake a comprehensive legal effort on your behalf. When it can aid in the legal effort, our firm can retain the services of professionals such as forensic accountants and private investigators. These specialists can identify suspicious transactions, track down hidden assets, and help us make a full listing of the community assets that were misappropriated or transferred.
Business owners and self-employed individuals have many ways to disguise the transfer of assets, though spouses in salaried positions may also be tempted to hide assets.
Community Property Is Not Always Split 50-50
When it comes to community property (property acquired during the marriage, except for inheritances and certain gifts), the presumption is that those assets should be split equally between the spouses. However, that presumption is rebuttable. In cases involving marital misconduct, the court can deprive an offending spouse of a portion of the community assets and award them to the other spouse. A spouse who willfully tries to hide community property or transfer it without the knowledge of the other spouse could himself or herself on the losing end when the court issues its ruling.
Our attorneys provide vigorous, results-oriented representation in cases involving hidden assets and other types of marital misconduct. We will work diligently to protect your rights and assets throughout the divorce process.
When reaching a prenuptial agreement, both parties must make a full disclosure of their separate assets. If that is not done, the court could declare the agreement invalid. In our experience, a high percentage of prenuptial agreements are flawed in this way.
Don’t assume that your prenuptial agreement is valid before talking with Butler, Thiessen & Metzinger, Inc.