Sold our home for $220,000 with the final payment of $145,317 deposited to our joint checking account from title co. She immediately transferred all of the funds into another bank account in her name. Cut me out of the funds completely but told me twice in 2 days that she had transferred my half back to me. Never happened and she now admits she never intended to give me my money. Texas, as a Community Property state, where do I go from here. * Is divorce and file for my 50% the only option?
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Are there options under criminal or real estate Law? (wife took all money from home sale)
Since there's evidentiary record of Bank transfer of your 50% share proceeds to your wife's account, file for your 50% share as also file for obtaining divorce from her in the jurisdictional Court.
You can file a cheating case against her in the jurisdictional Police Station/Criminal Court.
Are there options under criminal or real estate Law? (wife took all money from home sale) The transfer of my portion of the home sale was fully calculated and agreed upon with no sign of conspiracy, though she later admitted she planned to take the entire sale all along.
Send her a legal notice through a lawyer, calling upon her to transfer to you, your legitimate share out of the total sale proceeds. Initiate a legal action against her both under civil and criminal law, incase the legal notice fails to create any impact on her.
File police complaint against your wife for cheating ,criminal breach of trust
you are entitled to 50 per ce f of sale proceeds
you can file for divorce seek 50 per cent share in sale proceeds
File police complaint against your wife for cheating, criminal breach of trust
Act as mentioned herein above
If she was the sole owner then you can't file any case. If she was joint owner case of cheating will be made out in the said case
- If that home was in joint name , then 50% of the sale proceed can be retained by her , and she cannot withhold entire fund , and even in a divorce in US only 50% she can claimed legally.
- Hence, by this way she has committed fraud , and breach of trust . File a compliant before the police and higher official .
- Further , if no response then file a case before the court of law.
Dear client,
You should file a case for criminal conspiracy or theft, in this case sooner rather than later. Make sure that you have all the evidence, documents and confessions at hand.
Thank you.
You can file a petition before a local court for recovery of your rightful dues from her
As you have evidence for she swiping of entire amount, you may first issue a legal demand notice demanding your rightful share out of the sale proceeds and if she is not complying with the demands made you may resort to legal action as per provisions of law.
You can give a criminal complaint too in the local police station based on the documentary evidences in your possession.
Yes you first issue a legal notice and then approach law enforcing authorities for justice by enclosing all the documents un your possession to support your claim.
1. Send her a legal notice asking her to transfer 50% of the said amount to your account within next 7 days.
2. If she does not transfer, file a police complaint against her for cheating you and also file a Money suit at your place claiming 50% of the said amount with interest, damage and cost.
3. Divorce Suit might follow.
1. Yes, it is certainly also a criminal act to deceptively usurp the entire sales proceeds without the consent of you.
2. It calls for a Civil Suit also.
1. It is a criminal act of your wife who usurp all your money. Criminal case hs no scope to refund you your share of the money but can punish your wife only for cheating you.
2. By filing the Civil Suit, you can claim refund of your share of the money with interest, damage and cost.
The home above was a VA guaranteed loan. A friend told me that there is some sort of VA protection or insurance that needs to be filed for within 30 days of an incident. He said this would qualify and I need to respond quickly. I am not familiar with anything like this. Does such a process exist that would involve funds from a fraudelent action related to a VA home loan? The USAA bank and insurance benefits are linked to my veterans status. Would I be able to suspend her from using these services prior to divorce, if such happens.
1)
VA loan is a mortgage loan in the United Statesguaranteed by the United States Department of Veterans Affairs (VA). The program is for American veterans, military members currently serving in the U.S. military, reservists and select surviving spouses (provided they do not remarry) and can be used to purchase single-family homes, condominiums, multi-unit properties, manufactured homes and new construction. The VA does not originate loans, but sets the rules for who may qualify, issues minimum guidelines and requirements under which mortgages may be offered and financially guarantees loans that qualify under the program.
The basic intention of the VA home loan program is to supply home financing to eligible veterans and to help veterans purchase properties with no down payment. The loan may be issued by qualified lenders.
2)as far as insurance is concerned local lawyer in USA can guide you
If there's a provision to submit a complaint against your spouse under the VA loan arrangement you may better don't delay anymore and act swiftly by approaching the authorities with a complaint in writing seeking relief of recovery of your due amount.
Yes you can do that if you have above legal support as stated above.
1. The home loan was avaioled by you in the USA which was VA guaranteed.
2. You shall have to act as per the prevailing law in the USA in this regard.
3. You can very well apply for the insurance benefit associated with the VA loan which will not affect your divorce suit adversely in any way.