Florida freezing a bank account divorce
Instead, an emergency motion must be filed that asks for a temporary restraining order to prevent the loss of assets.
Specifically, the injunction can block both spouses from selling, transferring, or taking a line of credit against marital assets. It can also prevent the selling or cashing out of life insurance policies, as well as changing beneficiaries. Additionally, the order can stop a spouse from making changes to bank accounts or taking all the funds.
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These are just a few examples among the many other remedies that can be imposed to protect the marital property from the wrongful intent of a spouse to withhold marital assets. Knowing or suspecting your spouse is trying to hide assets from you is a complicated situation.
Your financial stability depends upon all assets being available for division in divorce, so if this wrongful behavior is an issue, talk to a Port St. Lucie division of assets attorney about your options. Contact the Port St. Lucie divorce firm for a consultation.
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But building a credit history in your own name can take time. If your spouse steals or damages your personal property, you may be able to sue your spouse for theft or destruction of property. If your spouse is angry about your divorce or wants to get revenge, he or she may try to use up your joint assets rather than allow you to get a portion of those assets in your divorce.
For example, the attorney will probably advise you to avoid maintaining large cash balances in your joint checking accounts or will file a temporary restraining order and request an emergency hearing regarding the property in question. If you anticipate that your divorce will be hostile, start identifying the financial resources you have at your disposal right now. Those resources may include your separate property such as your savings account, stocks, bonds, or mutual funds , borrowing against your retirement fund, getting a second mortgage on real estate, borrowing money from family members, and anything else along those lines.
Find out how marital property (and debt) is divided in an Florida divorce case.
There is an inherent anomaly in enjoining the free use of property to preserve it for ultimate distribution as a marital asset in that there is no such thing as a marital asset prior to a court making that determination in the final judgment of dissolution. The statutory presumption that assets acquired during the marriage are marital is only for classification and categorization purposes and does not vest legal title.
Title vests upon judgment and not before, as is clearly set forth in F.
In family law, the prospective irreparable harm, if stated at all, usually consists of some claim that one party will dissipate the assets, or remove the assets beyond the reach of the court. This must be supported by facts showing some wrongful or endangering actions on the part of the party being enjoined.
Sandstrom is one example.
About Freezing of Bank Accounts During a Divorce
The party must be ready to abscond the state with the property, or otherwise fraudulently conceal or convey it. This is the original language of the statute, and reflects, then as now, the perceived proclivity of a divorcing spouse to avoid payment to the other. Vague apprehensions or fear on the part of a spouse, unsupported by specific facts that show that harm is imminent, real, and not just a bare possibility or speculation will not support this extraordinary relief. Florida National Properties, Inc.
It is a long-standing principle of federal law that when an injunction is specifically authorized by statute, the element of irreparable harm is presumed and the movant need not prove irreparable injury or the inadequacy of other remedies. Kaszyk , So.
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Since F. All that is required of the party requesting the relief to meet that prerequisite is a showing of the essential facts that fill the statutory requirement. Williams , So. The common law requisite which is truly fatal in family law cases is the allegation, which can hardly be made, that there is a lack of an adequate remedy at law if an injunction is not issued to protect assets in an equitable distribution context.
It is long settled authority in this state that obtaining a money judgment at the end of the litigation, however worthless, constitutes an adequate remedy at law.
Florida Divorce: Dividing Property | DivorceNet
The sum and substance of the above is that without some specific statutory vehicle, there would be virtually no injunctive relief available at common law. However, when there is a specific statute, the violation of the statute itself constitutes a showing of irreparable harm and inadequate remedy at law, and the litigant need only show that the facts underlying the statute are in existence to obtain the injunctive relief.
The powerful remedy of enjoining asset transfers to protect equitable distribution as opposed to support is at best supported by the most tenuous authority, if at all. Perhaps the legislature should address this issue, as has been done in California wherein an injunction is issued with every dissolution action, if such legislation is actually desired by the public and can pass constitutional muster, which is an additional limitation the subject of which is beyond the space constraints of this article.
This particular provision has been interpreted as authorizing the courts to prevent the parties from dissipating marital assets that are needed for children or future alimony. See Wrona v. Wrona , So. Neal , So. In California, such an injunction is mandated by statute.
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See Cal. See Neal v. Woodrum , So. Leonard , So. The Second District appears not to have directly addressed the issue.
Canakaris , So.