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My husband is selling all of our property including land and…

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My husband is selling all...
My husband is selling all of our property including land and homes . He was contemplating divorce but now he says he doesn’t want to. If he seeks the property and than files divorce what can I do?
Submitted: 4 months ago.Category: Family Law
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1/13/2018
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,564
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

Good afternoon. Are you on the title to the property?

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Customer reply replied 4 months ago
he sold two homes and a piece of land last year with my permission. Is he playing games with me ? He had a very serious love affair in 2015 where he wanted to marry Somone else he’s a dr
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

Thank you for the reply and I am sorry to hear about this If you agreed to sell these and then he filed for divorce, you would simply be entitled to a share of the proceeds. When you divorce, if there are marital assets, they would need to be divided or money/proceeds from the sale, that as well. If you are on title and do not want to sell, you do not have to at this time and can refuse and do not have to sign.

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Customer reply replied 4 months ago
Is he trying to minimize his losses by selling everything before ?any trick he’s trying to play?
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

How so? I am not sure I understand

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Customer reply replied 4 months ago
Well I wanted to know if anything has a loan on it and he sells it . When time comes for divorce is he benefiting by selling the homes in advance . They were rental properties
Customer reply replied 4 months ago
My neighbor told my selling everything he is playing some type of game
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

If they are marital assets you would be entitled to a share in them, so unless he hides the cash or does something with it, I do not necessarily think there is a benefit if you would get what you are entitled to. He may be trying to get the cash and avoid having to fight and battle over selling it during the divorce, which can take time if you oppose it.

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Customer reply replied 4 months ago
See that’s what I wanted to know . Is that is easier for him to sell all of this before divorce and get cash ? Also is it much more difficult with loans on homes because that goes in costs right ?
Customer reply replied 4 months ago
I just want to know is that is he making it easier beforehand ? So far he sold two rental homes ,one land, and this year he has listed another land and our old home
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

If you have the concern, do not sign and agree to sell anything at this time. If he files for divorce, you can retain an attorney and have them represent you and they can act in your best interest. Having a loan does not make it any more difficult If you sell, you will still have closing costs, so it does not matter if you sell now or later. He may want to sell if he thinks the market will go down or if he wants to have the case readily available, if you divorce, so it is easier to just divide.

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Customer reply replied 4 months ago
it’s only beneficial for him if he hides the money ?
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

It is impossible to say what his intent is. I would think if he wants to sell and has the cash, he may try and do something with it. As I shared, if you are on title, do not sign and agree to sell.

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Customer reply replied 4 months ago
What can he do with the cash where he can get away with hiding it ?
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

He may try and hide it overseas.

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Customer reply replied 4 months ago
have you seen something like this before where one spouse sells everything before filing ? What are the benefits of selling before filing ?
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

Not necessarily. As I shared, there may be no benefits to him and unless an attorney knows the entire situation, it is impossible to say.

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Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 4 months ago
Is it recommended to sell everything before or after divorce or during ? Tax reasons and all
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

Every situation is different and you would need to consult with your accountant for tax-related questions regarding this

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Family Lawyer: Irwin Law, Attorney replied 4 months ago
Irwin Law
Irwin Law, Attorney
Category: Family Law
Satisfied Customers: 7,559
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Verified

Hello. A different expert here and I will take up where Family Answer left off. I cannot say what your husband's intentions are, but it is much easier to hide cash than it is to hide real estate. You can solve your potential problems in this regard by instructing the title company that closes the sale to divide the net proceeds in half, and issue separate checks to you and your husband. That way you control your half of the proceeds and there's nothing to argue about later. You can refuse to sign any closing documents, unless that requirement is met. I wish you the best of luck in the future.

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Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Family Law
Satisfied Customers: 7,559
7,559 Satisfied Customers
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.

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