If you’re going through a divorce and notice your spouse suddenly transferring money, selling off property or draining accounts, don’t ignore it. Such actions may be aimed at reducing what you get when it comes to dividing everything up.
Under Minnesota law, both spouses owe each other a fiduciary duty during the divorce process. This means they must act honestly and fairly when handling marital assets. Neither spouse is allowed to transfer, hide, sell or give away property to keep it out of the divorce settlement. Otherwise, the court may intervene to help ensure that no spouse is shortchanged.
How courts handle these cases
When a judge finds that your spouse transferred or concealed marital property to prevent a fair division, they can take corrective action. The court’s goal is to put you in the position you would have been in if the asset transfer never happened. The judge may, for instance, award you a larger share of marital assets to make up for your spouse’s dishonest actions or adjust the final property division in your favor.
You bear the burden of proof
It’s up to you to prove that your spouse moved or hid assets without your consent and that it wasn’t part of normal household spending or business activity. This can take some digging. You may need to gather supporting evidence to convince the court. These include bank statements, property records, emails or even text messages that show what happened and when.
Don’t settle for less than you deserve
A fair divorce requires full transparency. If you suspect that your spouse is trying to pull one over you, seek qualified legal support to protect your interests and take action before more damage is done. Don’t let deception or dishonesty take away your rightful share of assets.
