Too Late?

[stmichael052405]

What is the name of your state? Colorado

I have a hunch my husband has been planning on a divorce for quite some time. Why? (1) He took me off of our joint checking account we'd had for 10 years without telling me or getting my consent. (2) During a refinance 7 years ago, I signed a quit claim deed relinquishing ownership in our house to him until the refi was done. Then, he signed a quit claim deed back to both of us right after the refi. The notary stamped the quit claim deed back to both of us, but failed to sign it. I didn't realize this until recently when we separated and he told me that the house was his because of that quit claim deed. (I know, it's still marital property). Now I am wondering what else he has changed. For instance, he has a cash value life insurance policy worth around $25,000. Could he have changed the beneficiary of it to someone other than me and therefore made it unavailable to me as a marital asset? What about his retirement accounts? We've been married 15 years. If he changed beneficiaries on his cash value life insurance policy(ies) or his Will, is there a period of time before the divorce is filed wherein these changes would be considered null and void?

 

[Ohiogal]

What is the name of your state? Colorado

I have a hunch my husband has been planning on a divorce for quite some time. Why? (1) He took me off of our joint checking account we'd had for 10 years without telling me or getting my consent.

Quite frankly HOW did he do that? And when?

(2) During a refinance 7 years ago, I signed a quit claim deed relinquishing ownership in our house to him until the refi was done. Then, he signed a quit claim deed back to both of us right after the refi. The notary stamped the quit claim deed back to both of us, but failed to sign it. I didn't realize this until recently when we separated and he told me that the house was his because of that quit claim deed. (I know, it's still marital property).

Yes it is marital property still. Were either of the quit claims recorded?


Now I am wondering what else he has changed. For instance, he has a cash value life insurance policy worth around $25,000. Could he have changed the beneficiary of it to someone other than me and therefore made it unavailable to me as a marital asset?

He could have changed the beneficiary HOWEVER if it is a cash value policy that accrued during the marriage it is still a marital asset because of the marital funds used. He would most likely have needed your permission to change the beneficiary from you since you are married.


What about his retirement accounts?

Same thing with his retirement accounts. The amount that accrued during the marriage is still considered marital property.


We've been married 15 years. If he changed beneficiaries on his cash value life insurance policy(ies) or his Will, is there a period of time before the divorce is filed wherein these changes would be considered null and void?

He can change his will at any time. While married you would have the right to take against the will in most states but the will would not be null and void. He can change his will just like you cna change your will.

 

[Bali Hai]

What is the name of your state? Colorado

I have a hunch my husband has been planning on a divorce for quite some time. Why? (1) He took me off of our joint checking account we'd had for 10 years without telling me or getting my consent. (2) During a refinance 7 years ago, I signed a quit claim deed relinquishing ownership in our house to him until the refi was done. Then, he signed a quit claim deed back to both of us right after the refi. The notary stamped the quit claim deed back to both of us, but failed to sign it. I didn't realize this until recently when we separated and he told me that the house was his because of that quit claim deed. (I know, it's still marital property). Now I am wondering what else he has changed. For instance, he has a cash value life insurance policy worth around $25,000. Could he have changed the beneficiary of it to someone other than me and therefore made it unavailable to me as a marital asset? What about his retirement accounts? We've been married 15 years. If he changed beneficiaries on his cash value life insurance policy(ies) or his Will, is there a period of time before the divorce is filed wherein these changes would be considered null and void?

Where in the statutes do you read that an insured must name the spouse as beneficiary to life insurance proceeds upon the death of the insured?

You get half the value of the retirement accounts accrued during the marriage as prescribed by law unless you have waived your rights to them.

 

[nextwife]

Gee, I have policy that I owned for twenty YEARS before I married my husband (we've been married twelve years)- and he is NOT the beneficiary on that insurance policy. I want that policy to go to our minor daughter, not potentially pass to his two grown kids by going to him. I am quite certain I am NOT required to name him as beneficiary.

 

[stmichael052405]

Too llate

Ohiogal:

He took me off the joint account on March 31, 2006. How he did it, according to the credit union manager when I asked about it was "he got there first". The CU manager is being quite defensive about everything now. I went in today and got a copy of my company account signatory card, on which I was the only signatory (or so I thought). On the back of the card was my husband's name and signature, in his handwriting, but it had been crossed out in red ink and the cross out was dated March 31, 2006 (not in his handwriting). So, he had put himself on the signature card for my company account without my knowledge and consent. This is really starting to look suspicious, dontcha think????? How he did all this? Well, I think it has something to do with a lady who worked at the credit union for whom he did a major remodel on her house. The woman was let go about 6 months ago and of course no one will say why, but I have a hunch it may tie in to this stuff with the joint account, my company account, and probably other people's accounts.

The quit claims: The first one from me to him was recorded. The second one from him to both of us was NOT, for six plus years. Then going through some files, I found it buried in some obscure file totally unrelated to the refinance. I tracked down the notary and asked him to sign it. He did. I then went immediately to the county office and recorded the quit claim from him back to both of us.

Life Insurance Policy: This is a Cash Value Policy accrued during the marriage and I was the beneficiary. So, what I'm understanding is that since it accrued during the marriage with marital funds, even though he may have changed the beneficiary, it is still marital property and subject to equitable distribution. Does this sound right?

I got out all the info on the retirement accounts. I am (or was) the beneficiary and these accounts were started (at my insistance) when we got married. So, marital property.



Bali Hai

Where in my post did you read that I read in the statutes that an insured must name the spouse as beneficiary to life insurance proceeds upon the death of the insured? I was named the beneficiary when he took them out, after we were married.

Oh yeah, like I'm going to waive my rights to half of the retirement accounts. No, I had to convince him that he needed to save for retirement just like I did. And as far as me using my retirement funds to start my business, the deal was this: "If I LET you quit work to start your art company, you have to give me some of the money so I can buy this stuff for my Corvette." I figured . . . ok, that's fair. Now, I feel ok about taking some of his retirement money. He NEVER helped me with the art company.


nextwife:

Gee, I have a policy that I've owned for 40 years. My mom and dad were the beneficiaries until they died. I had kids by then, so I had then named as the beneficiaries. But, when my husband filed the TRO against me, and my grandson and I were kicked out of the house with no money and couldn't get any money from the joint account because I wasn't on it anymore (that's when I found out he'd taken me off), I went to my grown daughters. They told us to "go to a shelter, you're lying about what had happened, you just want to get rid of him". GEEEEEEE, do ya think it might have anything to do with the fact that everytime something broke at their houses he was johnnie-on-the-spot fixing it for free and they don't want to mess up their good deal????? Outside of the marriage, he is very charasmatic. So, I took them off the insurance policy and named my grandson as the beneficiary. I am setting up a trust that will take care of him if anything happens to me. He really wants to go to college. I hope that in the next 10 years, his brain will heal enough to allow him to do that. With good therapy, meds, hopefully it will. He has Attachment Disorder also which is hard to overcome, but not impossible.

 

[Silverplum]

We've been married 15 years.

We've been married 11 years, spousal support is appropriate.

Which is it?

 

[Bali Hai]

Ohiogal:

He took me off the joint account on March 31, 2006. How he did it, according to the credit union manager when I asked about it was "he got there first". The CU manager is being quite defensive about everything now. I went in today and got a copy of my company account signatory card, on which I was the only signatory (or so I thought). On the back of the card was my husband's name and signature, in his handwriting, but it had been crossed out in red ink and the cross out was dated March 31, 2006 (not in his handwriting). So, he had put himself on the signature card for my company account without my knowledge and consent. This is really starting to look suspicious, dontcha think????? How he did all this? Well, I think it has something to do with a lady who worked at the credit union for whom he did a major remodel on her house. The woman was let go about 6 months ago and of course no one will say why, but I have a hunch it may tie in to this stuff with the joint account, my company account, and probably other people's accounts.

The quit claims: The first one from me to him was recorded. The second one from him to both of us was NOT, for six plus years. Then going through some files, I found it buried in some obscure file totally unrelated to the refinance. I tracked down the notary and asked him to sign it. He did. I then went immediately to the county office and recorded the quit claim from him back to both of us.

Life Insurance Policy: This is a Cash Value Policy accrued during the marriage and I was the beneficiary. So, what I'm understanding is that since it accrued during the marriage with marital funds, even though he may have changed the beneficiary, it is still marital property and subject to equitable distribution. Does this sound right?

So, cash it in and split the proceeds.

I got out all the info on the retirement accounts. I am (or was) the beneficiary and these accounts were started (at my insistance) when we got married. So, marital property.

Sounds like you covered your bases. You only get half.



Bali Hai

Where in my post did you read that I read in the statutes that an insured must name the spouse as beneficiary to life insurance proceeds upon the death of the insured? I was named the beneficiary when he took them out, after we were married.

So what.

Oh yeah, like I'm going to waive my rights to half of the retirement accounts. No, I had to convince him that he needed to save for retirement just like I did. And as far as me using my retirement funds to start my business, the deal was this: "If I LET you quit work to start your art company, you have to give me some of the money so I can buy this stuff for my Corvette." I figured . . . ok, that's fair. Now, I feel ok about taking some of his retirement money. He NEVER helped me with the art company.

Screw your deal, circumstances have changed.


nextwife:

Gee, I have a policy that I've owned for 40 years. My mom and dad were the beneficiaries until they died. I had kids by then, so I had then named as the beneficiaries. But, when my husband filed the TRO against me, and my grandson and I were kicked out of the house with no money and couldn't get any money from the joint account because I wasn't on it anymore (that's when I found out he'd taken me off), I went to my grown daughters. They told us to "go to a shelter, you're lying about what had happened, you just want to get rid of him". GEEEEEEE, do ya think it might have anything to do with the fact that everytime something broke at their houses he was johnnie-on-the-spot fixing it for free and they don't want to mess up their good deal????? Outside of the marriage, he is very charasmatic. So, I took them off the insurance policy and named my grandson as the beneficiary. I am setting up a trust that will take care of him if anything happens to me. He really wants to go to college. I hope that in the next 10 years, his brain will heal enough to allow him to do that. With good therapy, meds, hopefully it will. He has Attachment Disorder also which is hard to overcome, but not impossible.

I don't need to think too far as to why he dumping your ass.