Property division


#1

I have a very confusing situation. My ex owned a company before marriage…we opened another after marriage, bought the physical property of both companies after marriage. I gave him close to $100,000 to put into new company (which he lied and did not do. I have no idea where the money went). So, together we own physical structures and 1 business together. 1 he owned prior. I did not work in the companies much because I have a PRN job and was a homemaker. Now we separate and divorce. Separation of property has not been resolved. He seems to think I have no financial rights as of the date of separation. I believe this is as much mine as his until all is resolved. He has put large amounts of money into business since divorce. He also has lied about his income and my child support is based on that income. We have had a forensis accountant on this, then the ex said he would produce documents…this was a year ago, has not produced, FA back on, and told it will be awhile because of tax season. I am completely confused as to how this works. If the company and structures are half mine…do I truly lose rights to increase of amt owed vs paid during the division process?


#2

The property purchased during the marriage is martial property, as is the increase in the value of your ex’s business which began before the marriage. Martial property includes any property (and active increases in value on separate property) acquired after the date of marriage and before the date of separation.

Increases in value produced actively after the date of separation are also divisable.


#3

[quote=“Erin Clarey”]The property purchased during the marriage is martial property, as is the increase in the value of your ex’s business which began before the marriage. Martial property includes any property (and active increases in value on separate property) acquired after the date of marriage and before the date of separation.

Increases in value produced actively after the date of separation are also divisable.[/quote]
I don’t understand why it would not be until the date we agree on assets. Since the property is in my name also, just like a house, why am I not entitled to the profit on this property etc. Since all of our money is tied up in the company. He did not take a realistic paycheck (pays himself lower as I made more money so less would be paid to government) and never had a family bank acct. Kept all extra money into company. Beside the fact that I contributed close to $100,00 to put into the start of another store. Turns out he did not put the money into the company and I have no idea what he did with my premarital money. Doesn’t seem fair that a spouse can do this to the other spouse and get away with it.


#4

The property itself is 100% marital in nature as it was purchased during the marriage. It the value of the business itself that is part separate, part marital.