bought silver/cashed out charge with fraud?

[pearl4]

Hi

My x cashed out silver coins we had in the house that we bought for a long term investment without my knowledge 10 days prior to separation and I didn't find out until his financials came in. It was approximately $35,000.00 and received less than half of it's original value and yes using it to divorce me. $5,200.00 of this was bought for my mother as an investment and she was living at the time. I had given him a cheque and when I had to go and find out about the information he had forged my name on the back of my mother's account which I had signing authority on. I told my lawyer I wanted the original value back, 1/2 of it but he said he did it before separation so can't do anything about it. Do I have any grounds here and if I make an offer say I want full price back but also state that on the back of the cheque it is noted that you forged my name. Could he be charged now? We are booked to go to court but I'm considering making an offer. He is a retired cop.

Thx.

[standing on the sidelines]

There isn't much you can do about the silver, it happened before separation. With the forged signature that is a different story. You can either have him charged for forging you name or not, you cannot use it as a bargaining chip, that is something like blackmail or extortion or your part.

[arabian]

I don't get where you are coming from Pearl. In one thread you are asking for advice about assigning and bringing along a Power of Attorney in court with you and now you're contemplating charging your ex with fraud over 5000.00.

If you go with the Fraud of 5,000.00 it's not something you can stop once it has started. The police do an investigation (which can be lengthy) and THEY charge him, not you. You're either all-in on this or you're not. Chances of the matter being heard are slim as judge would likely throw it out the minute it was revealed that you are in the middle of a divorce because the matter stinks of retribution.

[pearl4]

I just find it so wrong that he did it prior to separation and I know it's the way it is but when I went to get the cheques and saw he signed my name and part of that money he cashed out was my mothers. Can I not state this in my documents to the courts about it if nothing it will show his credibility. Money went directly into his bank account and I guess $2600.00 didn't go in until after separation so I could go after that little amount. It's my mom's money, family and yes the other was ours
but realize it's the way it is. The law sucks on this stuff.

I'm just asking advice on POA. Huge decision to give up complete control and I know I must make the decision Arabian. Ahh I was waiting to hear from you

[arabian]

FYI - I was ripped off severely by my ex prior and immediately after I kicked him out of the house. Police charged ex for fraud over 5k and prosecutor wouldn't touch it and told me to take it up with my divorce lawyer. Divorce lawyer told me to take it up with corporate lawyer. Corporate lawyer wanted a HUGE retainer to take it on so I said *f__k it* and that is the Reader's Digest version of my story and why I will NEVER drop SS from my ex ever, ever, ever. Oh and did I tell you I was left with all the corporate debt to boot?

I digress...You can very easily spend over 40k in legal fees to pursue this.

I would instruct the lawyer to make sure silver is included for equalization purposes. Hopefully you have some documentation of it's value.

Must be a pretty bitter pill to swallow that your mother is funding your ex. What a loser! Retired, dirty cop. Yuck - good riddance.

If you were a stronger individual I'd say absolutely have him charged. Be good for his cronies to see what a loser he is. However, the reality is that pursuing this will get you nothing but more stress and you can do without that.
Family court won't even bat an eye at this. Remember, there are murderers and child molesters who do get access to their children with the blessing of Family Court. All comes down to the previous case law.

There is a fellow on here who's ex took his retirement fund (not invested in RRSPs) and blew it on the stock market. He's severely disabled and now living in abject poverty. I hope he gets his justice some day. Very sad situation all around.

You have to measure what you are emotionally, physically and financially able to tackle. Your ex sounds like a bully and will probably do anything he can to get you to crater. I don't envy your situation for a minute.

[pearl4]

Thank you. Oh boy it would be good to get it out and around town because he was so well respected, but my parents were very highly respected as well. Business in town. Documents can be opened by the public too and I know a guy that works at the paper that would love a good story, lol. My x wears the fake mask, the wonderful guy. My mom fortunately isn't alive to see this, but the money was used from her account to buy part of the silver when she was alive for an investment. If he wants to save money on lawyers fees he should be just up front and honest. I'm so glad to say goodbye to him and be getting my health and life back in place. As my counsellor said, you can do anything you want right now, enjoy the single life. I've become so much more confident and going to walk in that court room with it... You know what they say, best revenge. And I will have the POWER. No more bully for me!!! Thanks again Arabian

[nfc4ever]

My BILs ex cleaned out about 30k of their savings prior to leaving. She refused to disclose what happened to the money, so the judge deducted it from the payout for division of assets.

This happened a couple months prior to divorce being filed for. I think you have to account significant changes in assets for three months prior.