Dissipation of marital property


#1

Well I break any laws if I transfer some real estate to my brother prior to separation from my wife. Also, will there be any problem if I transfer some marital funds to my brother until after the divorce. Would they label this dissipation of assets if it’s before separation?


#2

There is no law that prevents you from transferring funds and assets to another party while still married. However, if you are transferring marital property (anything acquired during the marriage, regardless of how it is titled), then your former spouse will certainly argue that she is entitled to her portion of the value of any marital property that was transferred to your brother. Essentially, transferring title/ownership of any asset doesn’t necessarily mean that you are avoiding having to share the value of those assets.