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Legalease, Lawyer
Category: Legal
Satisfied Customers: 16215
Experience:  15 years exp all aspects of general law
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Got a big question! I have been married 23 years in the

Customer Question

Got a big question! I have been married 23 years in the process of divorce! When me and my husband got married we started a business built it together actually it is 3 shop buildings we built together that both of our working income went into! It is a Muffler/Mechanic/Welding/Fabricating shop! The land was in my husbands name but the contents in the shop which are worth about $125,000-$150,000 were purchased under both of our names but mainly I took the loans out! We have filed taxes every year together and the taxes included our business and other main job incomes( My husband worked 2 jobs his whole life and the Muffler shop was our side business beside our house! I got sick and disabled and paralyzed last year but my husband sold the building and land to his brother without my knowledge for a very cheap amout of money to keep me from getting it if we got divorced! The contents of the shop were not included and I never signed off on anything! Am I entitled to anything? We even filed 2015 taxes on everything this year together also! His brother has never claimed or filed taxes on any of it! Please help me to understand!
Submitted: 4 months ago.
Category: Legal
Expert:  Legalease replied 4 months ago.

Hello there --


You need to get a lawyer working on this matter immediately and make a request of the court that this fraudulent transaction to his brother be undone by the court (the court has the power to make such an order) and then the land and the business must be evaluated by a forensic accountant so that you will be awarded at least half of the value of these assets in the divorce proceeding. Under these circumstances, just because the land was in your husbands name alone has no bearing whatsoever on what you are owed in the divorce because of the length of time that you have been married and the fact that the land and business on the land were co mingled throughout the marriage in BOTH of your names. My suggestion here is to ask your lawyer to ask for 60 or 70 percent of the value of the business because you are now disabled and unable to support yourself (after working to support the business and the family all of these years) and he should be punished by the court for trying to fraudulently transfer marital property so that you could not get any of the value of it in a divorce. If your lawyer does not want to pursue the matter using these angles, then you should speak to a few other lawyers until you find one who is willing to fight for what you are entitled to in this marriage.


I hope that helps. Please press a positive rating above so that I will be paid for my time. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star in the rating section above, so I really do appreciate it. THANK YOU VERY MUCH !!



Expert:  Legalease replied 4 months ago.

Hello again --


Are there any further questions that I can answer for you on these issues? I am happy to answer any follow up questions or concerns that you may have. If not, can you please press a positive rating above in the star ratings section so that I will be paid for my time assisting you? We do not receive paychecks and are paid only if you press the middle star or the fourth or fifth star to the right of the middle star above in the ratings section. While it may have been just an oversight on your part to review the answer and leave without pressing a positive rating above, the website keeps your entire payment as profit and pays the expert nothing unless you press the middle star or the fourth star or fifth star to the right of the middle star above. Also, please note that even when you press a positive rating, your question will not close and you can return for another 6 months to ask additional follow up questions for no additional charge.



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