Am I 1/2 responsible for an illegitimate debt? Does debt justify selling property under ATRO?
I am in the middle of a divorce.
During our marriage my husband apparently made a verbal agreement with his boss who was also our landlord and friend. The agreement was that husband would pay rent with overtime hours. Husband never worked many overtime hours and apparently became negligent on the rent.
This entire time I had been a stay at home Mom to two beautiful children, one with special needs.
The landlord never told anyone and 2 years later, right around the time that my husband filed for divorce, we *suddenly* owed $16k in back rent, according to my ex. The ex then files for divorce, an ATRO is in place, and he sells the family vehicle, the contents of our business, and almost everything we own in our home. He then used the profits from our community property to hire a lawyer, buy a new car, pay off this illegitimate debt to his boss, and lure in his fiance. In 3.5 years I haven't been given a dime. I have asked for proof and he can't provide it. There's no proof of an agreement being signed, no invoices, no evidence of a debt other than a letter describing their questionable arrangement from his boss/landlord that ex never fulfilled. There is also no proof of it being paid to the landlord as the ex claims.
Does he owe me 1/2 of all property sold - especially under a freeze order? CA is a community property state. I personally would have challenged the debt with the landlord before destroying a spouse like my husband has tried to do to me. His mentality banks on levels of cluster B anyway, so I'm not entirely surprised.
I feel there should be: 1. evidence of agreement, signed, dated. 2. invoices (monthly rent - what was deducted - what wasn't - actual overtime hours accumulated) 3.evidence of payments made
Re: Am I 1/2 responsible for an illegitimate debt? Does debt justify selling property under ATRO?
You are most definitely wronged. You must find a lawyer immediately. Courts take very dim views over shinanegans with marital finances in divorces. You should be glad to get him out of your life.