Money Secretly Moved


#1

Transfers prior to the date of separation are highly suspect. These money are marital funds and you would be entitled to half of them.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

My wife left me late in 2003. In February, March, and April of 2004, she wrote three $25,000 checks from our joint account to herself. She moved back in with me at the end of April, 2004. At the end of Aug, 2004 she wrote a check to herself for $30,000 and left me a few days later. That became our official date of separation. We are trying to work out a settlement, and I just discovered those withdrawals this week. I think she put the checks in her single account which is considered separate property.

Is the total amount of $105,000 a loss for me, or can I make a case that she moved marital property to her separate property and therefore, half of the $105,000 should be moved to my side of the balance sheet?

Does movement of marital property into her single account turn her separate property into marital property?