If you're about to file for divorce, think twice before moving out of the marital residence. When the tension is thick enough to cut with a knife, many spouses voluntarily move out of the marital residence. They surrender the castle before considering the consequences of such a move. Many discover too late that surrendering the marital residence will cost them dearly. Judges prefer to keep children in the marital residence. Where both parents want custody and are equally capable of caring for the children, the spouse who remains in the marital residence often times is awarded temporary custody. This often leads to permanent custody.
If the marital residence is ordered sold, the spouse who retains possession often lives in the house for months or even years at the other parties expense. This problem is amplified in these tough economic times as home sit on the open market for years before being sold. While it is possible to draft provisions in divorce settlements to fairly address this inequity, more times than not, this issue is simply ignored.
Because both parties are entitled to remain in the marital residence until a court issues an order to the contrary, it is advisable to remain in the marital residence until you are forced to vacate. Most divorce lawyers say never surrender the castle until you are forced to.
Parties going through a divorce often hide assets for themselves in order to gain an unfair advantage when a Judge divides up the marital estate. Unfortunately courts are reluctant to sanction a party when this attempted fraud is exposed. Consequently, this devious and deceptive practice continues to thrive in American courts.
The most common approach to hiding assets is to merely understate the value of an asset. Sometimes this is done with the aid of an expert witness, who is willing to compromise his or her integrity for a sum of money. Other times it is merely the litigant's personal opinion on the assets value.
A far more sinister approach, however, involves the complete disappearance or non-disclosure of a marital asset. People often empty out their bank accounts just prior to filing and later claim the money was spent on some untraceable expenditure. They also sell assets to friends or family members for a nominal amount in order to set up a sham transaction thereby preserving the asset for themselves once the divorce is finalized. Keep your eye on your eye on your assets, and hold onto that house.
For more information on the best way to handle a house asset in a divorce, please see our site on Geist homes for sale along with details on other options. There are many options to protect your home in a divorce. See more at this web site for more information.
ليست هناك تعليقات:
إرسال تعليق