what form do I need to fill out for assets

[tmac]

Just wondering if anyone can help me out

what court form do I need to file to get my share of the assets.

married 20 years. I left mental and physical abuse, he was charged with criminal harassment and restraining order. left Nov/08

he has sold all assets kept the cash, house appraised at 320,000 now at 250,000 non payment forclosured by bank. I was not informed of non- payment until it was 6 months non payment.

cash in accounts was $120,000 now gone. I have all bank statement that the money was there and he took it out. small company we owned 50/50 for 6 years

also have papers that he filled out of all assets (dec. 2008) we owned together with cash value. he did not include company account but like I said I have bank statments

any help here. please.

[Mess]

You have 6 years from the date of separation to file for asset equalization. It's already been 3 years so you should get on top of it.

Assault charges, etc. are irrelevant. Don't even bring them up. The simpler you make you case the quicker and easier it is to get it through. That doesn't mean leaving out important information, it means don't clutter it with irrelevant information.

The 50/50 will be the most difficult and time consuming to determine the actual value of any assets, less depreciation, and any receivables less liabilities. Unless you had been doing the books all along you will need an accountant, and probably should get one in any case.

The bank accounts and home are simpler.

It doesn't matter what he did with the money after separation and you are cluttering your case if you bring it up. You base your claim on equalization on the date of separation and anything after that date is not your concern; he owes you your share on the separation date.

You start with your financial disclosure, and his. If there are items missing on his and you have statements, you write an affidavit and attach copies of the bank statements, or if it is an item like a boat, etc. then some proof of ownership at the time and it's value.

If you don't have proof, it may not be worth fighting over. You have to decide.

You file a court application for equalization and make your arguments and attach your affidavits and proof. I gave links to the court rules and forms on your other thread.

Very likely you will need a lawyer at some point. You might want to get a 1 hour consultation, then do most of the paperwork yourself, then file and then get representation for your court date.

[tmac]

I did all the books for the company so I know everthing about the financial. the lawyer I had got me to go through everything and itemize everything so i have spreedsheets already done. when I went through all cc statement and bank statement I found bank account that were never disclosed on discovery and $37,000 taken out of company account that was never deposited again in any account that we had been disclosed.

as far as the assets he had written in the amount that they were worth at that time and sold them off within 6 months

thank you so much for you help

[MiViLaLoco]

You have 6 years from the date of separation to file for asset equalization. It's already been 3 years so you should get on top of it.

The 50/50 will be the most difficult and time consuming to determine the actual value of any assets, less depreciation, and any receivables less liabilities. Unless you had been doing the books all along you will need an accountant, and probably should get one in any case.

The bank accounts and home are simpler.

It doesn't matter what he did with the money after separation and you are cluttering your case if you bring it up. You base your claim on equalization on the date of separation and anything after that date is not your concern; he owes you your share on the separation date.

You start with your financial disclosure, and his. If there are items missing on his and you have statements, you write an affidavit and attach copies of the bank statements, or if it is an item like a boat, etc. then some proof of ownership at the time and it's value.

If you don't have proof, it may not be worth fighting over. You have to decide.

You file a court application for equalization and make your arguments and attach your affidavits and proof. I gave links to the court rules and forms on your other thread.

Very likely you will need a lawyer at some point. You might want to get a 1 hour consultation, then do most of the paperwork yourself, then file and then get representation for your court date.

Mess's answer hit the nail on the head! Couldn't have said it better.

Forget about everything that has happened "after" the date of separation. It seems you probably have all the documentation needed to prove what assets there were at date of separation and that is all you need.

Will really suck to be him once this reaches the courts. Unless, he's plannning on playing the bankruptcy card once you file...I'm not really sure what will happen then...since everything is gone.

As mentioned in the other posts...be prepared to start paying full CS immediately for the children 18 and under. Unless they are with you 50% of the time...then the offest method will be used. From your previous posts I don't think they are...so prepare yourself for this added expense in your budget.

I wish you well in all of this.

[tmac]

thanks, it had been a really hard 3 years. I have kept on top of all I could. I don't have any problem at all paying child support if I had my share of what is owed to me. would pay more.

and he has already filed personal bankruptsy and is done as of June 2011. he never include me in the bankruptcy