Transfer from an account during trial separation

North Carolina Divorce Law Divorce and Separation Answers
1

Dear maria valenzuela:

Greetings. YES - OF COURSE YOU CAN HAVE THAT AMOUNT COUNTED AS MARITAL PROPERTY!!! What a cad! You can file litigation and keep him from transferring out any more money - and I would advise that you speak with an attorney and do so immediately! Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

2

My husband asked for a trial separation on May 2005. He will probably filing for divorce starting May 2006. In the meantime he has transferred US$ 100,000 from his individual checking account to his girlfriend account. She bought an apartment under her name with this money and they are leaving together there. I leant this by reading his emails.

Question: Is there any way that during divorce I ask to have that amount somehow included in the marital property? How can I prove that this transfer took place since I leants about it through an ilegitimate way, by reading his emails? how can I impair him from keep transferring money out of his account? if he keeps doing so he could diminish the marital property to split dramatically