Discovery/Selling of car in both names


#1

I will try to make this brief, since I am fully aware that your time is precious. My first issue is discovery. Husband won’t give me access to his stock/mutual fund account numbers. I did however, find a 1099 from a Common Stock and it has Canada written on it under foreign accounts. I have no idea what this is all about, but I have always done the taxes during our marriage, and have NEVER put any info on them from a 1099. The IRS has never contacted me about the lack of documentation for this 1099 on our taxes, and since I just discovered this yetesterday, what do I do? I am not going to jail for him. I have recently completed the separation agreement, and will present it to him today. My question is this, once he signs the agreement, and say for some reason the IRS discovers this after the signing of the agreement, I will still be liable for it, and I don’t want that to happen.
Next, the vehicle. We are both on the title, and I am draining my finances just to put gas in it. I want to get rid of it, and get something more economical, but he wont let me. He will not sign off on it.
Also, I have two girls, 12 and 6 of the marriage.
Did I mention my husband is 28 years in the Army, active duty. We have been married for 18, and he supposedly will be retiring in January from what I have heard through the grape vine. That of course puts me 2 yrs shy of keeping my health benefits/ID card, but I would much rather be done with him then try and convince him to stay in the army for two more years, all the while trying to remain civil with him.
I am a mess! I have several issues, but at this moment, those are the most serious. Again, I drew up my own separation agreement, and had an attorney look it over as a favor, but goodness, I have so many questions. I am not emotional in the least, but instead anxious for this to be over-with. If the taxe issue ends up being a big deal, could I possibly get a divorce any quicker under NC law? I mean, doesn’t that fit the “spendthrift” claim?
Thank you for any help you are able to give.


#2

I suggest you file an action for equitable distribution to have the car awarded to you, and you can then sell the same. The only way spendthrift comes into play is when your spouse was a spendthrift and wasted marital assets and therefore you deserve more than one half of the marital estate. There is no cause of action for divorce in NC for anything other than one year’s separation or incurable insanity (which takes 3 years or more). As for the tax issue, we do not give tax advice, so you will need to contact someone who does.


#3

I greatly appreciate your response. I am so torn with what I am to do. He hides money constantly, and now this tax issue. I asked him for a list of his accounts, and he said, ummm, no. I am stuck with the military pension issue on the separation agreement, and not sure how to handle that when it comes to the alimony. He makes considerably more than me at this point, but we have debt that needs to be divided. I am not sure if I should ask for more alimony (in hopes I actually get it) and take on more debt and pay it with the alimony, just so that I know the debt is being paid. Then, I have to worry about the tax issues with more alimony. Goodness, he is making this difficult. Only speaking when he wants too. I just want this over with already, but my clock hasn’t even begun to tick. If I don’t get him to sign the separation agreement, then I will have to wait and deal with it in a year.
He will surely get a great deal of disability from the military and my portion of the pension will be almost nothing. I have tolerated the alcohol abuse and his mental abuse this long, all to get no restitution. Alimony/pension…gosh I need someone else to take this burden on. I am not an emotional person, and just want someone to do whatever needs to be done and let me sign off on it.

Thank you again for your response.


#4

If he continues to refuse to sign a separation agreement you will need to file suit for Equitable Distribution, Child Custody, Child Support and Spousal Support if applicable. No one, not even the court, can force him to sign an agreement. I would highly recommend hiring an attorney before filing such claims.