Download - St George Utah Divorce Family Attorney Lawyer - BEST TIPS & TOP SECRETS TO WINNING YOUR DIVORCE #6
THE ESSENTIAL GUIDE TO
SMART DIVORCE
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THE ESSENTIAL GUIDE TO
SMART DIVORCE6
If your name is not on title to a marital asset such as…
PROTECT MARITAL ASSETS NOT IN YOUR NAME
the marital home,
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a jointly operated business,
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vehicles, bank accounts or…
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other financial accounts, etc.
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you should take steps to…
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protect your property interests.
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For your marital home, if it is not in both names,
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consider immediately filing a Lis Pendens.
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A Lis Pendens is a notice to the public that...
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there is pending litigation (your divorce case) and
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that you claim an interest in the property.
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In most circumstances, the filing of a Lis Pendens
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makes it difficult or impossible for your spouse to
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sell, transfer, encumber or take out a loan …
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against the marital property until
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the Lis Pendens is removed.
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If your interest in the marital property is…
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confirmed by the court and…
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you later discover that…
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your spouse was nevertheless able to transfer title,
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you may still be able to recover
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your interest in the property, even though…
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the buyer paid full market value for the property and…
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was unaware of the recorded Lis Pendens.
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That is because the buyer is deemed to have…
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constructive notice of the recorded Lis Pendens and…
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the buyer takes title subordinate to…
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rights of the person who recorded the Lis Pendens.
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As to vehicles, family businesses and
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financial accounts,
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your best course of action is to…
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seek an immediate restraining order or
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injunction preventing your spouse from…
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selling, transferring or trading any of those assets…
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without your prior consent and written authorization.
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Usually your divorce petition will contain requests for…
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personal property restraining orders or injunctions.
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However, in many cases you will
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still need to file motions for…
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temporary orders to obtain…
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restraining orders and injunctions.
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St. George Utah Attorney Lawyer • Divorce • Family • DUI • Criminal Defense • Personal Injury • Accidents
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BEST TIPS & TOP SECRETS TO
WINNING YOUR DIVORCE
