SA Property Settlement - Proving Ex Stole My Money?

[ThisGalNeedsHelpPlease]

Hi there,

I'm wondering if anyone can offer help on property settlement. Ex has stolen all money, assets and purchasing new vehicles and real estate and putting it in other peoples names. How would I prove they're his? In regards to asset dissipation?

Any help would be greatly appreciated.

 

[Rod]

You need legal advice asap.

It can be done but requires a fair degree of legal assistance to track assets from the marriage into the hands of others and then freeze them while the family court matter determines who owns what.

In your situation, time is not your friend as assets can be moved beyond reach or spent so better to move early and hope that hasn't already occurred.

 

[ThisGalNeedsHelpPlease]

You need legal advice asap.

It can be done but requires a fair degree of legal assistance to track assets from the marriage into the hands of others and then freeze them while the family court matter determines who owns what.

In your situation, time is not your friend as assets can be moved beyond reach or spent so better to move early and hope that hasn't already occurred.

Thankyou for your reply Rod. And In the unfortunate event that the spending has already happened do you have any experience regarding possible outcomes?

 

[Rod]

There is some ability to have the money allocated to the other party.

1. Example 1:

• let's say the other party has given away and spent $70K of matrimonial property after family court application; and
• the family court finds the matrimonial pool at the time of application is $100K; and
• and court allocates each party $50k.

The court then looks at who is in possession of the $100K. Let's say the other party has/had $90K and you have $10K.

The court will then order the other party to pay you $40K.

The other party will say I no longer have $40K to pay.

Court will then look into the reasons why this is the situation. This is where things get complicated and legal advice needed because many different scenarios are possible involving different remedies depending on how the $70K was moved/spent. Each dollar needs to be accounted for and justified. Some money may be recoverable from 3rd parties, some not. The amount owed by the other party to you may be adjusted depending on what the investigation finds.

2. Example 2:

• let's say the other party has given away and spent $30K of matrimonial property after family court application; and
• the family court finds the matrimonial pool at the time of application is $100K; and
• and court allocates each party $50k.

The court then looks at who is in possession of the $100K. Let's say the other party has/had $80K and you have $20K.

The court will then order the other party to pay you $30K. $30K has been spent and given away but the other party still has $50K which is enough to pay you $30K. The court doesn't care in this example that $30K has been wasted/hidden because there is still enough to pay you your share.


Complicated stuff and is going to take effort to sort out. Starting sooner is better for you.

 

[ThisGalNeedsHelpPlease]

Thank you. The ex has refused discovery. All assets have been transferred to a family member who is now deceased, and the estate left to the sibling for obvious reasons. both are spending up big on holidays, and vehicles. What are your thoughts in chasing asset transfers and subpoenas please?

 

[sammy01]

What sort of $$$ are you talking?

Even $30 or $40K may not be worth chasing if it is gonna cost you $$$$$ in legal fees?

 

[Rod]

both are spending up big on holidays, and vehicles

You need to get your lawyer moving on freezing orders asap. Once money has been spent it on disposable items and services like holidays it is next to impossible to get it back.

Move quickly.

 

[ThisGalNeedsHelpPlease]

Been three years in the making. Self representation has been hard. Barristers need money in trust. I have no money. He stole it all. All lawyers I have seen work with barristers. I’ve been at a loss this whole time. He’s stolen all money. Deliberately had house repossessed. Does that mean house is then out of asset pool?

Looking to subpoena his bank records but with out evidence I don’t want to be accused of fishing and have it denied. Can you subpoena all banks on one document? Can you subpoena more than one company on documents for same person? And vice versa. His family living up all assets and spending. We are talking possibly million $$$$$ but was hidden from me. Have only found out after Separation. His family never worked. Now sudden owners of new vehicles, business and holidays.

 

[Rod]

I can't answer your detailed questions. You need a lawyer to go through 3 years of information to work out what is possible.

See if you can find a lawyer who is willing to work on a deferred payment that is subject to obtaining money from your ex.

Probably more expensive in the long run, but may still give a better return than self repping.

 

[ThisGalNeedsHelpPlease]

Thank you. This is certainly not a system that supports self representation if property is involved. I find it absolutely fascinating that something like this can actually happen with all the "legal aid and hotlines" available, which in turn, actually don't help. onwards and upwards, I lived a long time with a monster I never actually knew. (Hollywood movie in the making, watch this space)