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Old 05-19-2019, 08:26 PM
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Originally Posted by Remorseful900 View Post
Thanks again to all

Maybe I have asked this in a thread before
But if you live in a non community property state and hence any restitution or fines is your sole responsibility and not your spouses why do on the PSR do you have to include spousal financial information
As stated, fraudulent conveyance of assets, but also how much you can afford in restitution. If your spouse is making a killing, you can afford more.

Look, community property means half of yours is your spouse's, and visa Versa. You get that. But, the algorithm they use to determine what is actually yours and what is actually your spouse's depends on a lot of things. It isn't enough that the house is in the spouse's name - if you paid or allowed your spouse to pay the mortgage because you were covering other costs, the house may be a joint asset. If you have joint accounts, you have commingled assets. They can and will go after at least some of this - cars, boats, etc.

You both need to talk with attorneys. Yes, your criminal offense is paramount in your mind atm, but protecting your family should also be there. Spouse should be putting wages into an account that you do not have access to - those assets are solely your spouse's assets. You need to be very careful about transfers, quitclaiming deeds, selling cars, etc. document every penny.

Seizure procedures usually follow a conviction. What you are convicted of counts. You need to tread very carefully to protect your family. You need to cooperate, but only when there is an appropriate deal in place according to your criminal lawyer.

A mea culpa is great, but it is not the same as justice. Slow down. Make an appointment with your estates attorney. Change your will, get a POA, have your spouse open an independent account. Start documenting everything. Don't sell anything major. Don't purchase anything major. Back up purchases with documentation - when did you buy your house? Who pays the mortgage? Where does the money come from? How long have you had it? Same with cars, boats, education accounts, 401(k)s, etc.

Character letters are great, at the right time and right circumstances, proofed and corrected by the writer and your attorney. Cooperation is great, in the right place and at the right time. But, you are not there yet. Slow down. Protect your family by listening to your attorney.
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