Need clarity on separate property PLEASE


#1

Forgery is forgery, married or not. My Ex forged my name on a insurance refund. It is a criminal offence. Call the cops. That may be a requirement to getting it off your credit cards.


#2

Regarding the forgery aspect of my sweetheart swindler marriage…
Here in this small rural area unincooperated, one has to go to the MAGISTRATE and I did so many times for this and many other reasons associated and the magistrate LAUGHED AT ME. Had a fine joke…saying THIS IS YOUR HUSBAND, lady. I also told him I was in fear of my life with this man, and told him WHY in detail…as that’s why I got the protective order. I told him during his grins that said I was asking the ridiculous to have this con-man career criminal who fleeced me out of everything I had in my life and threatened my life everyday…SO WHAT WILL YOU ALL DO??? When he finally kills me? and that gave him a HUGE jolt of laughter. In tears I slammed the door as I left hearing the ring of it thru the detention building thinking this so called magistrate would come after me and put me in jail as the topping on the cake. If a magistrate won’t do anything…I am clueless from there.

Jessica Almond


#3

What about the county sheriff? They usually have juristiction over rural areas. File a police report. So what if somebody laughs? Go over his/her head. There is a chain of command. I have never had to face a magistrate, so I don’t know the process. With the police report in hand, go to the creditors and inform tham that your name was forged, that you have filed charges. Then they will get into the litigation. They have resources you don’t. Their investigators aren’t concerned about local politics or who said what. They are concerned with getting the money. There should also be a district attorney. Even in a small area, you have a representative. Find out who that is. Make an appointment. Have all your paperwork together. Go in with the facts. I learned the hard way that going in all emotional makes the men want to pat you on the head. Then shake you off when you walk out of the room. Good luck


#4

This question is more in depth and complicated than this forum is designed to answer. Separate property is generally anything that you acquired prior to marriage that you did not change to marital property. If you used your separate property and purchased a vehicle in your own name it is still your separate property. If you used it to purchase a vehicle in both names, it is marital property. If you still have questions but your funds are limited, I would advise you to attend one of our firms free seminars. That may give you the additional clarification you seek.

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.


#5

Helen, can you define this aspect?
If I took some money out of my IRA acct money in my name only established PRIOR to marriage and put it in my very own checking account in my maiden name only AFTER marriage and took $12000 of that money to buy a truck in cash at and put it in sole maiden name only which was done AFTER marriage…are you saying that the truck then should be MY separate property?
Somewhere someone said because I took OUT money from my IRA and put in a normal checking acct that it liquified my separate property??? Did not make sense. As I also read it’s about intent and going from in my name only into my name only into my name only is separate. Sorry after this I will leave you alone LOL

Jessica Almond


#6

Hi Jessica Almond
Its me again I feel your pain and suffering and it hurts again been there done that I to lost so much from my ex and there was nothing I could do wish I could but had to take my lose and live life better and I do.
Sounds like this STBX is a real case and he will pay in the long run and I hope he does. I will say this a cheat is a lair and will always lie why they have to because they must believe that they are right but all the time they are wrong you are not wrong but he will try to make you feel and tell people that you are just keep your head and heart right you are not the one who did wrong he is.
Good luck


#7

If you can trace the funds from the point you cashed in your IRA, put them in your joint checking account, and then can show where you withdrew your separate funds and purchased the vehicle, then the vehicle will be your separate property.

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.


#8

Helena,
I took money from MY ira and put into NOT a Joint acct but in MY
SOLE checking acct that has been in MY NAME ONLY since before marriage til now

Jessica Almond


#9

Botina and Arthurp,
THANK YOU for SUCH kind words. I just dont know how to get thru this
but like told…one has to dig DEEPER and deeper for strength even if its NOT there…just keep digging.
I am in a TOTAL disaster!

Jessica Almond


#10

I understand you are financially strapped. You can’t afford to not have an attorney though. Stuff bougt before the marriage are yours. In moving money from your IRA to your marital accounts you made the moved money marital property. As far as the damage caused, if presented as malicious behavior, it should be held against him in court. Chances are you’ll be stuck for the expeditures during the marriage unless you have him arrested for fraud or forgery. Just a little side note, if he was using the conpany’s credit line and you can prove he was employed as an independant contractor (ie 1099) you can bring charges on him as the company instead of as his wife. But like I said, it doesn’t look like you can afford not to have a lawyer.


#11

May I say again…I did NOT move IRA money into MARITAL accounts. I withdrew as much needed from IRA…into MY SOLE CHECKING ACCOUNT (established before marriage and still exists) in MY name ONLY (maiden name retained). NOTHING was EVER in this man’s name. There are NO marital accounts.
The company I established PRIOR to marriage with a checking account for that business name - with ME as the SOLE proprietor saw NO money coming in the entire length of time. My husband’s bro who was suppose to be working as an independent contractor for me as well as my husband…directed the company they worked for briefly to have their pay made out to him SOLELY in form of a check. NO money came into my carpentry biz…ONLY money that I spent in chunks. My husband made LOTS of purchases without my consent on a Lowes business acct in that business name with ME as sole proprietor and has stolen away the items of many and used to buy tile and other good for his brother ALL without my permission.
I have 4000 in debts per month and $800 in gross income before taxes and I do NOT have a DIME. I am drowning SO how can one pay for an attny when there is NO Money…while my husband has hired the top attny with court papers saying I WILL HAVE TO PAY The high dollar attny’s fee. This is a CAREER CRIMINAL…who knows how to work the system. Has ALL my property and everything with an injunction…I cant sell ANYTHING to survive!
and to BOOT This man who only separated from me…is LIVING with a MARRIED WOMAN who has just left her husband…and who is paying for h is clothes, food you name it…he is starting OVER again…its beyond belief.

Jessica Almond


#12

I am sorry you are having so much trouble. I am not sure what your question is though.

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.


#13

Oh sorry Helena I was responding to trbotina’s post (whch I do appreciate) that stated <>

Wanted to make CERTAIN therefor that since I moved IRA money in chunks into MY sole checking acct …NOT in husband’s name…that this then be constituted as separate property.

Therefor if I then purchased TONS of tools of the trade for the carpentry biz in my name only from that money and also charged to MY sole credit card in BIZ name (not to leave out the fact that I have a tax lien for all the money taken out of my IRA to buy all)also
ANYTHING other that was put in MY NAME ONLY via this process
that all would be considered separatee property…

ALSO…you can see what this criminal did. I am SO trying to get this guy not only civily but criminally in any way possible and ANY thoughts on what I can get him on would REALLY help.

*Tons of tools are GONE that I bought - STOLEN by him - GONE and am highly suspicious that MUCH is at his brother’s who was supposedly an independent contractor working under MY carpentry biz. He also CHARGED
much on my Carpentry business LOWES busness charge account NOT in his nname…but solely mine…and MUCH is gone of that…etc etc
** There has to be some criminal LAW involved in here! Theft of sseparate property by a spouse?? is that not criminal? If not…then as one involved in the business but NOT sole owner who has done so…whether husband or not…IS this EMBEZZLEMENT??? and therefore a criminal act?
**He and his bro who were suppose to be working for me…together did a sweet job of ripping me off. Brother having monies of little earned afrom cabinet making company made out to his BROTHER in checks…NOT made out in the company’s name for which NOTHING came into MY/the biz aaccount. They divided out between them how they saw fit and I got NOTHING and NOW I will have to pay taxes on that income.
There HAS to be a way to have my husband and this man pegged for criminal embezzlement for starters and what else?

**He has systematically destroyed, damaged tools, carpentry, vehicles for the biz…one by one…dented, garbage all inside…made WRECKS…SEEN by my neighbor CUTTING wires from the FIRST truck I bought…and crashing it (probably did so I would buy vehicle number two for the biz) smaller Tools and nails and RRUSTED unusable…buried in dirt…I look ALL around my HOME, building on property constructed for BIZ…yard…and he caused such destruction and damage like purposely leaving on a fireplace propane logs KNOWING that it was not working properly and NOW my WHOLE house is FULL of black smoke damage on everything. …just an example.
** Where does destruction of ones business and separate property lie for what grounds Civily and/or criminally. DIVORCE TORT only?

** He stole away my credit cards, debit cards and made withdrawals without my permission…I could not tell in all the happenings of many purchases…and his antics at the time. I see SO much money…stolen away

Any thoughts would be SO helpful

Jessica Almond


#14

I believe at this point I have given you as much information as I can on this forum. It would be in your best interests to find the money to meet with an attorney, you clearly need someone to give you more information than what is possible on this forum. I wish you the best of luck.

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.


#15

Hello (Jessica Almond or Diane Vitale)
I have tried to talk with you and never got through to you I feel bad that I have talked with you I feel your pain I have been there and done that I would like to talk to you if you want please let me know [:)]


#16

Prior to marriage established an IRA acct in my maiden name with at that time $300K and a checking acccount in my maiden name…which both still exist. Everything I have is in my maiden name only including drivers license. House bought prior to marriage. NO where do I have husband on anything
*Established a Carpentry business with licensing in my name only prior to marriage.
*Prior and during marriage -having only a small income per month that paid for utilities, etc…I drew from my IRA for everything prior and during short lived marriage of little over a year. To be able to pay for various items small and large at certain times… I would draw out several thousand or more from my IRA and put it in my checking account and buy MUCH for carpentry biz set up of tools etc etc vehicles, etc and for other needs…

  • also bought a Ford 150 truck in 2007 for 12,000 cash again in my
    name only
    *WITHDRAWAL of so much funds has cost me $50K approx in taxes and now have a tax lien on my property
    *ALSO credit cards in my name only I owe large balances on…and paying on
    *ALSO during marriage had to put a equity loan on my house to pay for much , $30K…and am paying on that.
    Will be owing taxes for 2007 which includes the buy of the F150 truck

Let me preface by saying, I am the one that has the sweetheart swindler that stole, forged, conned me out of everything I had in monies…

QUESTION #1: would ALL be my separate property? tools, cars, etc etc before and after marriage?

Question #2: have found in this scam that husband has stolen away MUCH of the tools I bought before and after marriage for the biz. He also used a Lowes care buying tools I never knew he did without approval and are missing which are expensive items. Did MUCH destruction of items, cars, and to home along his path of my ruin.

*As he was suppose to be an independent contractor for my biz…doing what he did with purchasing items NOT with my knowledge and stealing them…would this be embezzlement?
ALSO under laws somewhere I thought I found that it is unlawful even a husband to destroy, damage, steal separate property.

*Forgery - he forged my name to some contracts …like one for renting a storage unit…and charged moving expense to my credit card/or debit card…for some pal in trade probably for cash…which cost me $1500 on that sole scam.
FORGERY I saw somewhere IS forgery when there is intent…and is unlawful whether husband or no.
Can you clarify this for me…and all else.

*MY BIZ established PRIOR to marriage…I read any Profits AFTER marriage would have to be split in a divorce. My situation there was NO profit only LOSSES…so what happens to the Losses…which of course was due to his scam.

THANKS AHEAD!

Jessica Almond