Re: off shore banking
- From: "Kenny" <ken@xxxxxxxxxxxx>
- Date: Thu, 31 May 2007 17:15:17 +0100
In most western jurisdictions married women, in te absence of a (rare!)
prenuptial agreement to the contrary, have an automatic interest in all
communal property, no matter whose name is on the title. Whether this
applies in your jurisdiction and any subtleties that appertain to this is
one reason to consult a lawyer. Selling property and hiding all the
proceeds from disposal in which another (your wife) has a share may
consitute either tort, fraud, or both. You want to keep this a civil
matter since fraud is a crime (ergo extraditable).
well I have no choice if I stay she will get half
The sale itself may be voidable in some jurisdictions (you did not have
complete and unipaired title to the property you sold). This may result
in the (out of luck) buyer as well as your wife coming after your ass.
If she sues for divorce a judge will look *very* unfavorabnly on obvious
efforts by you to make off with the marriage assets. Just as in ordinary
commercial matters, where it is fraud to, say, take a loan for inventory,
sell off the inventory in bulk, and abscond with the proceeds without
paying back the loan.
Judges can get very heavy if they think you are playing "silly bugger"
with them (for instance, they can even seize your passport if you have
already demonstrated bad faith by trying to abscond). That's why you
must ensure that you never come into their court - and that means making
sure that you, everything you own, your means of living, - everything! -
is permanently out of reach.
And to do that you must pick a favorable jurisdiction(s) to which to move
your assets and in which to start your life over. Not something to be
done lightly. Aside from all the research necessary to make sure you
haven't overlooked anything that could trip you up, there's the question
of whether you can adjust to your new life (e.g., Dubai is a dreary
sunblasted place to spend the next 50 years).
Well like I said its not the crime of the century, there are loads of places I could
go. Yes I`m prepared to start a new life. I cannot believe because I do this
there will be an all points bulletin out and all authorities looking for me at every
airport terminal. She would have to try and track me down before the courts could
do anything (after all they would not know which country they are dealing with)
Well it's not the crime of the century, it's my house just a dispute
over the share of it.
Will the authorities really want to bother trying to track me down??
No, *she* may track you down. Or perhaps the buyer if the sale is
reversed by the courts and the buyer is out the money. For instance,
there's no doubt your (soon to be ex-) wife could sue in the US courts
regarding the asset sale there.
I cannot see how they could do this, the house is in my name, how can they
penailise the buyer (its not his fault) I can understand (the courts) coming after me for
the money but thats the chance I`m prepaired to take
And normally the police, etc. wouldn't make much of an effort to track
you down. But if a judge gets pissed at your games, for instance, he can
ramp a police search, extradition efforts, etc. to much higher levels.
Bit of a crap shoot - depends on how tenacious your wife is, how good a
lawyer she gets, whether she can play the defrauded victim ,etc., etc.
I cannot see that hapeening
PS In all of this I have been discussing the mechanics of going about
it. But there is also the morality - you and your wife got married,
presumably as equal partners. Ignoring who is to blame for the marriage
failing, the marriage doesn't seem to be working and has to be ended.
But you're a big boy and you made the decision to marry her of your own
free will. If it's gone wrong, that's tough, but it doesn't seem like a
fair reason to defraud your partner. Why not pay the price of *your* bad
decision in marrying her, split the marriage assets fairly, and then
start your life over without all that karmic baggage?
yes I understand what your saying but there are a few blokes I work with who have been stitched
up in the courts they have ALL lost out on money, so No i`m doing it my way. She has here family
(and is named in 2 wills possible chance of getting a house worth more than mine, she will be OK
for money) I`m going to leave money for my boy when he's older he will be OK he will not loose
out. If I just sit back I WILL loose this house and have to start from scratch with less money and
have to get a cheaper house also 15% of my wages will go to the state to pay for the lad (If it went
straight to him or her it would not be to bad but it will not).
- Re: off shore banking
- From: mrbunbun
- Re: off shore banking
- Prev by Date: Re: off shore banking
- Next by Date: Re: off shore banking
- Previous by thread: Re: off shore banking
- Next by thread: Re: off shore banking