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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My husband and I got married in 2005. 3ms later he went to

Customer Question

My husband and I got married in 2005. 3ms later he went to Iraq as a civil contractor to avoid bancrupcy. He stayed almost 4 ys. while I cleaned up the financial fiasco. Came back, filed for divorce over affairs he had over there. He is a sociopath and failed to disclose assets like $200,000+ in salary that was held back until after the divorce and a retirement account of @ 40,000+. The divorce was amended into a legal seperation in Colorado in 2008. All known assets were divided.
I had to move in with my dtr in Austin TX since my son and I were now homeless. In 2009 he moved to San Antonio to "work things out with me". We purchased a home together. Im on the deed and title but not on the note. We also had purchased a dupelex together. I went to closing, signing papers, however, I don't show up as the owner since TX does not recognise legal seperation and we were still married. He "accidently" transferred funds into my account Dec. 28, 2009. I transferred it back into his account Jan 2011 just to find out Dec. 2010 that he claimed 100,000 as alimony. I signed the amended tax return and he paid the taxes. His accountant insisted that was the only way to handle it after the money showed up in my account. He also took a"2ms loan" against one of the IRA's (marital property) to fix up the San Antonio home and later it showed up as a roll-over in his girl friends new business. Last October he found a married woman, 20 yrs younger, and converted the seperation into a divorce last Thursday in CO.
Q: What can I legally claim and how?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 2 years ago.
Hi,

It's not clear to me what you are asking. When you say, "What can I claim," do you mean what portion of the marital assets are yours in a divorce?"

Please advise. Thanks.
Customer: replied 2 years ago.
oops, the transfer of the accidental deposit was Jan 15th 2010 I had no clue that he was laundering money and to look good to his audience to give me 100,000 from the goodness of his heart.
Expert:  socrateaser replied 2 years ago.
As you mention, Texas does not recognize legal separation -- therefore your spouse's claim of alimony while there was no pending divorce action filed is an incorrect tax deduction. The alimony is not deductible to him, and not income to you. It's simply a transfer of marital property from one account to the other.

So, there is nothing to "claim," because you are not liable for tax on the alimony. Conversely, your husband can't deduct the alimony from his tax return.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 2 years ago.

what about the property we own in San Antonio - now the the divorce is finalized in Colorado?

 

How would that be divided? He wants me off the deed to be free for this married friend w benefits.

Expert:  socrateaser replied 2 years ago.
The clouds are starting to part.

Are you saying that your husband and you signed a separation agreement in Texas -- then later he moved to Colorado and commenced a divorce using the separation agreement as the basis for the divorce?

If yes, then did you object to the use of the separation agreement? Or, did you just not show up in Colorado to defend your position? Or ___ [fill in the blank]?

Thanks in advance.
Customer: replied 2 years ago.

I did not see my reply correcting the date of returning the money as Jan 15th, 2010 .

 

Q was:

 

not disclosing assest to defraud - consequences?

rolling over an IRA to hide assests - consequences?

 

As TX does not recognize legal seperation, I should be elegible for 50% of the business he has with his married girl friend, 50% of the real estate and 50% of the IRA's up to Thursday when he finalized the divorce in CO?

 

The divorce turned seperation agreement was in CO. I moved to TX where we tried to patch things up when he came back from Iraq in 2009. When things got serious with his girl friend, out of the blue, I got a Lexis/Nexis notification that he had finalized the divorce - no reply from me was neccesary.

 

The TX assests and community property, as well as the non-disclosure in Colorado, to defraud are my issues.

 

How do you seperate assests after a divorce? (in TX)

Expert:  socrateaser replied 2 years ago.
Up until now, the suggestion of your facts was that you and your husband resided in TX during marriage. It appears that everything is now different. So, I shall try again.

If you resided in CO during marriage, then CO law controls, regardless of where you later moved independently to TX, and regardless of where your property is located.

The legal separation agreement is enforceable under CO law, which means that if the payment to you was alimony, then it would be taxable income to you. However, generally, a lump sum payment claimed as alimony will be disallowed by the IRS, because alimony is considered ongoing payment, not a lump sum settlement.

If the separation agreement provided for division of property, and the court entered the agreement as part of a final divorce judgment, then the separation agreement as to property controls, even if the property described in the agreement is located in TX.

If the agreement does not divide a particular property, then you can ask the CO family court to divide it now. You can also ask the court to set aside the divorce decree on grounds of fraud or mistake, if you were tricked into not appearing so as to defend your rights.

You will need a CO family law attorney. For a referral, see this link.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 2 years ago.

You need to re-read the situation.

We married in CO - divorced in CO, changed the divorce into a legal seperation in CO

 

I moved to TX )(sperated) He to Iraq (seperated) He followed me to TX in 2009 to patch things up. We bought property to stay together in TX - he changed his mind after hooking up with the homewrecker in TX Oct 2010 - tunrned the seperation into a divorce with the Colorado Court without notifying me - laundered money as alimony in TX, without being up front with me, went into business with girl friend in TX to hide assets.

 

Lied about his income (during the seperation in CO) to avoid equitable split of assets, lied about the value of his home in Co and and IRA (marital asset) to avoid giving me my fair share, (while I put all of MY retirement into his home to make it a marital residence for our golden years)

 

during the legal seperation, which is not recognised in TX or any other entity as a divorce - we got property together to stay together in the future. That changed with the girl friend (in TX) What are my rights as to that property here in TX and to the undisclosed assets during the seperation?

 

Please re-read my initial concern.

Expert:  socrateaser replied 2 years ago.
Was the legal separation agreement ever entered into a CO court as a judgment of separation, before you and he lived together in TX?
Customer: replied 2 years ago.
yes. He evicted me and my son from his house in CO October 31, 2008. My house in CO was rented and we had no place to live, so we moved to Austin, to stay with my dtr. He moved to San Antonio from Iraq April 9, 2009
Expert:  socrateaser replied 2 years ago.
In the interest of customer service, I will opt out of your question, because I don't believe that you will find my answer helpful or satisfying.

Please don't respond to this answer. It will just slow down getting someone new involved.

Best wishes.
Expert:  cfortunato replied 2 years ago.
Hi JACustomer,
In your original question you said you "don't show up as owner because Texas does not recognize legal separation". How does the fact that Texas does not recognize legal separation relate to the fact that you do not "show up as owner"?
Customer: replied 2 years ago.

after receiving the title policy and warranty deed I questioned the closer at the title company on why my name does not show up as a owner. She said: "you are married per Texas law and automatically an owner, since we are a community property state."

 

I asked to amend the title to include my name and she again said it was not neccessary....(???)

Expert:  cfortunato replied 2 years ago.
But what does that have to do with the fact that "Texas does not recognize legal separation", as you stated in your original question?
Customer: replied 2 years ago.

I realize you are trying to help and not just entertain. If professionals can not figure it out I'll just leave everything on the table and walk. I just don't have the energy to fight this.

Thank you!

Expert:  cfortunato replied 2 years ago.
You're welcome!

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