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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have some questions regarding trust law in a divorce, and the trust was concealed. It a

Customer Question

I have some questions regarding trust law in a divorce, and the trust was concealed. It appears my spouse may claim bankruptcy, concealed fact as well- and i sold the property, and collected my retirement, and traded the car. I am fearful of a trustee filing suit on me, etc. I have visited at least 5 family law attorneys, as pre divorce they tried to wrestle the car title and keys off of me. I was never informed of a pending bankruptcy or trust- and i sold the pre marital separate property. I guess I'm concerned, as the spouse waived his rights- and I don't know when i can break a trust legally, especially if a trust agreement was concealedWhen can or can I break a constructive trust?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. If I may ask, does this trust have your property concealed within it, or you aren't sure? Was this trust set up while married or before? In what state are you located?
Customer: replied 2 years ago.
I am not even sure a trust exists, as i was not invited in the settlement agreement, which now i note- the agreement states, "Not an attachment to a Final Decree". The settlement was done prior to the divorce, and I live in WV. 5 family law attorneys viewed this and said i was protected from a bankruptcy- the last lawyer filed a motion for a QUDRO, and the judge or the spouses attorney would not answer. All the while, the newly contracted attorney assured me my pre marital separate property was okay, as the spouse waived his rights. Next, they try and force me to sign the agreement, and refuse to hand over the car title, and i demanded a hearing in front of the judge. I did intact transfer that title. It is my belief, yet unknown, they try and throw hints, that he will try a bankruptcy on my property.....and last minute-the new attorney threatened me...."they" will take my car....make a judicial complaint, for what I don't know....and for me to get a QUDRO for my retirement at 55. I accused the of a fraudulent scheme, and went on with the sell of the home in Nov. 2014 and retired, thinking X could file is own qudro at his expense. As of feb, he was trying to locate me, as if we were friends....I am totally in the dark-I am only guessing about this trust, and now the lawyers have all sent me papers asking if i need their representation. I fear he has concealed facts and I sold the properties. I would like to know if this is a debaters fraud? When and how to "break" a trust? It definitely look like a "Fraud on the Court", and if post divorce property is, (i bought a new car) safe if it is not listed in the settlement agreement? I have contacted a bankruptcy lawyer out of state. The divorce was august 2012 so i guess i can't change it. Thank you- I only hope the new unlisted car is safe
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, My apologies but what exactly is 'debaters fraud'? I have never heard the term before. Just to be clear, you formally divorced in 2012, and your spouse, in your opinion, potentially placed some of his assets (and maybe some of your assets) into a trust. He did so without informing you, and is now considering possible bankruptcy. Meanwhile post divorce you purchased a vehicle with your post divorce monies and are afraid that it may be at risk. Do I understand you correctly?
Customer: replied 2 years ago.
yes- I don't know for sure about the bankruptcy, but he waived his rights apx. 3 years ago....I am guessing he and the lawyers could have secreted a trust....I was never i sold the house, and i traded the car, listed in the settlement-and by reading on the internet- It looks to me....he may be trying to prove or impute fraud on me, as now after 5 years-he is trying to reach friends. I note a confidential relationship must exist to have a trust....I ignored the request or any meeting with him. I am just concerned about the property and auto I no longer have. I see it as debaters fraud on bankruptcy info. And yes-you understand me correctly.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, In that case I am not seeing your liability. Even if there is a trust in place, and he is contemplating bankruptcy, that is his obligation to his creditors. The assets in the trust are now his, as there was a divorce and an asset split. If the creditors try to pursue you, you can claim the 'innocent spouse' defense as you were unaware of the assets and likely the debts, and point out that the debts unless knowingly obtained by both of you while married, are a separate debt that only your ex is required to cover. So I do not see it as fraud unless there is evidence you knew or helped conceal the assets. Hope that helps clarify! Sincerely, ***** *****