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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 114782
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Why my lawyer doesn't file sanction of our marital assets?

Customer Question

Why my lawyer doesn't file sanction of our marital assets? My spouse testified that he is spending marital assets. Is he allow to spend our marital assets for attorney's fees? I was awarded attorney's fees. Is that coming out from our assets?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you were awarded a share of the marital assets he is not allowed to spend your share of those marital assets and your attorney can seek to file to get the share of assets frozen or file a motion for immediate division. Your share of the marital assets should not be used by him to pay your attorney's fees so you need to ask your attorney to file a motion to get an immediate division of the assets to stop him from continuing to use all of the marital assets.

Customer: replied 8 months ago.
Why my lawyer is not frozen marital assets? Is because he want to get paied attorney's fees? My husband earns a lot. Is easy getting bavk without frozen assets? Or this causie another motion, delay and cost to get back money?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

I have no idea why any lawyer acts the way they do. I cannot second guess your attorney. But he is your attorney so you need to sit with him and tell him you want him to file to divide the assets or freeze your share now before your ex spends all of your share.
Customer: replied 8 months ago.
Let's say., he spent all. How can I get back?
Expert:  Law Educator, Esq. replied 8 months ago.
thank you for your reply.

The court can give you a bigger share of other assets to make up for that if that happens.
Customer: replied 8 months ago.
The means no need to frozen assets?
Expert:  Law Educator, Esq. replied 8 months ago.
The court can choose either way.
Customer: replied 8 months ago.
My spouse testified spending marital asets at his deposition in my kawyer's office with ( someone taking record ).
I thought that deposition in court front of judge is I expected. Why took place in lawyer's office? Doesn't cause probkem later?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

You need to ask your attorney to take action to protect your share of the marital assets and tell him since you cannot get to them to spend them why should your ex be allowed to spend them.

No a deposition is not in front of a judge, it is in a lawyer's office in front of a court reporter, typically the lawyer's office who scheduled the deposition.