Removing Marital Property Before Divorce: Everything You Need To Know

Introduction

Divorce can be a difficult and emotional process, especially when it comes to dividing marital property. While most couples are able to come to an agreement on who gets what, there are some cases where one party may try to remove or hide assets before the divorce is finalized. This can create a complicated and contentious situation, and it’s important to understand the legal and ethical considerations involved.

What is Marital Property?

Before we dive into the details of removing marital property, it’s important to understand what is considered marital property. In general, any property or assets that were acquired during the marriage are considered marital property, regardless of whose name is on the title or deed. This can include real estate, bank accounts, investments, vehicles, and personal items.

Why Do People Remove Marital Property?

There are a few reasons why someone might try to remove or hide marital property before a divorce. One common reason is to protect assets from being divided during the divorce settlement. For example, if one party has a significant amount of money in a bank account that they don’t want to split with their spouse, they might try to transfer the money to a separate account in their name only.

Another reason is to gain a strategic advantage during the divorce proceedings. If one party can remove or hide assets, they may be able to negotiate a more favorable settlement or force the other party to agree to certain terms.

The Legal and Ethical Considerations

While it may be tempting to try to remove or hide marital property, it’s important to understand that this is not only unethical, but it’s also illegal. In most states, it’s against the law to transfer or hide assets during a divorce, and doing so can result in serious legal consequences.

Additionally, trying to remove or hide assets can damage your credibility and reputation during the divorce proceedings. If the court finds out that you’ve been dishonest or deceptive, it can hurt your chances of getting a favorable settlement or custody arrangement.

What to Do If You Suspect Your Spouse is Removing Marital Property

If you suspect that your spouse is trying to remove or hide marital property, it’s important to take action right away. The first step is to talk to your attorney and discuss your options. Your attorney may advise you to get a court order to prevent your spouse from transferring or disposing of any assets.

You should also gather any evidence you have that your spouse is removing or hiding assets. This can include bank statements, receipts, and other financial documents. If necessary, you may need to hire a forensic accountant to help you uncover any hidden assets.

Conclusion

Removing marital property before a divorce is not only illegal, but it can also create a complicated and contentious situation. If you suspect that your spouse is trying to remove or hide assets, it’s important to take action right away and talk to your attorney. By following the legal and ethical guidelines, you can protect your rights and ensure a fair and equitable divorce settlement.