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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I got involved with a man almost 9 years ago he had been in

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I got involved with a man almost 9 years ago he had been in jail for three years and convicted of a felony years before I meet him I was told it was done and over he did his time etc, we got married a year ago and just 2 days a go he received a lawsuit from justice dept due to a restitution . I owned a lot before I met him he came with only a basket of laundry guess that should of been a red flag, anyways how do I protect my self, what I had before him what I acquired while with him and together with him?
Thank you for your question. Please permit me to assist you with your concerns.

That is a most terrible situation, and I am sorry that you are in this situation. If I may ask, do you ahve any joint assets together? if so, what are they, and when were they made joint?
Customer: replied 3 years ago.
We bought a house together in 2007 I still have my house I owned prior to meeting him we have a home equity together and a credit card everything else he either bought in his name while together or I bought in my name
Thank you for your follow-up, Pam.

That is a very tough position to be in. How far are you willing to go to protect your assets? By that I mean, are you contemplating divorce if that helps, or are you seking to remain married to him? I ask simply to best figure out how to suggest protection of assets. Please advise.
Customer: replied 3 years ago.
Can you give advice in both its a hard decision to make right now

Pam,

Absolutely. I just wanted to point out this may well be something you would need to consider as well. Let me discuss the divorce first, not because I am advocating it, but because it might be the safest avenue for you.

Rather, this would not be a divorce but an annulment action. Since he failed to inform you of this judgment, you do have the basis to file for an annulment and to void out the marriage. The benefit of that factor is that all assets you brought into the marriage revert back to you, and joint assets are split to be made separate. Your assets are then not used to pay for his restitution claims. Otherwise anything that is jointly held, be it a property that you both have title to, or joint checking/saving accounts are all vulnerable to levy and garnishment. What is somewhat positive is that Maine is an 'equitable distribution' state pertaining to assets, which means that unless assets are under both names, the assets are deemed separate. To protect your assets, it would mean that you would need to transfer ownership solely under your name, or place it under a trust so that it would be harder to get at the assets. Problem with moving assets now is that courts may reverse the transfer on basis that it is being done to fraudulently deny the ability to seek recourse so late in the game, and may claim you to be liable as well in attempting to help him defraud the government. By seeking an annulment you could claim that you were an 'innocent spouse' and attempt to avoid being made responsible for his debts.

Good luck.

Customer: replied 3 years ago.
How is annulment possible after 1 year of marriage ?
Customer: replied 3 years ago.
The paper he got asked for his live in spouse or wife's assets and stuff too.

Pam,

An annulment is possible on the basis of extreme and substantial fraud, or in this case, him failing to disclose to you that he had this judgment out against him which now affects you and your finances. Your assets are at risk by being his spouse, so if you can show that he failed to disclose and if he did, you never would have married him, a claim for an annulment is quite possible.

Good luck.

Customer: replied 3 years ago.
My head hurts I feel mislead by someone I trusted been crying , and lost sleep all weekend . I need to seek a lawyer , do you have any recommendations on one to go to and is a top lawyer in my state to help me?
Customer: replied 3 years ago.
What kind of lawyer do I search for and how do I find a good one
Customer: replied 3 years ago.
Am I being charged one few to talk to you or being charged a fee for each question asked?

Thank you for your follow-up, Pam.

You would need a good family law attorney and one who has experience with annulments, as most do not. I would suggest that you browse the listings at www.avvo.com and www.martindale.com for competent counsel. There you can search by fees, location, experience, and expertise. You can also review past client testimonials and peer evaluations as a means of comparing good attorneys who may be able to assist you.

Good luck!

 

 

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