My Husband Is Planning To Make Me Homeless

Dear Newsweek, My divorce in 2011 was filed because of 28 years of abuse and irreconcilable differences. We did not have a prenup and my husband got his citizenship from marrying me. I borrowed money from my parents to help him in business and I gave birth to five children during our marriage.

My husband used our money to invest with 400 investors in 400 LLCs [limited liability companies] in 1990. He created partnerships to invest in properties with the intention to quitclaim [giving up a claim to] them for his safekeeping, while using me and our kids to take out loans for years till he quitclaims them away. This would leave myself and our kids insolvent in trusts he created that he controls to this day. I hired 20 lawyers and spent an enormous amount on legal fees.

My husband bifurcated [dividing into two parts] our divorce in 2011 and I was not informed because the case was sealed [made no longer public]. But the case continued until 2017 when it was dismissed for lack of prosecution without prejudice, meaning I can reopen the case when I am ready for trial. But this was not possible since my husband controls the trust and the bank gave me inconclusive reports due to part of the documents being blacked out.

His best friend had a trust made where he was the trustee for our kids, with my husband as the guarantor. He owned all of the properties with his friend acting as my alter ego to give assets to our kids and set up a way to control them through trusts. A family law judge said this is a probate [the process of proving a will in a court of law] issue, while a probate judge said it's a civil case and lawyers claim I can't reopen the case.

The worst part was in 2020 when my husband went to court to evict me in an unlawful detainer case instead of reopening the divorce case and suing me as a trustee of a trust I created in 1993. The judge allowed this to happen during COVID and sealed records to give my husband the house yet kept the case for trial, saying I won the case since he didn't serve me a 3-day notice and file proof of service. I thought I had won until the court sent the judgment. Now it's sealed, I can't prove that the judge tricked me and can't find a lawyer to help me unravel this mess. I also found out my husband bought our house before I knew it in 1996.

All of the evidence I showed was ignored and his friends sued in other cases at the same time. I think he related all the cases to one private judge. Now, after living elsewhere with his girlfriend for five years and trying to force me out of the guesthouse we built on a property in 2005, he recently moved into our newly developed main house and threatened eviction on April 1 when COVID laws are over.

Without legal representation to prove the large amount of fraud that's gone on, I can't defend myself and not even nonprofits will help, saying this case is too big for them. My husband has complete control over finances and has used trusts I had signed thinking it was to protect our family when it was only to protect himself. I never had a deposition or interrogatories to prove my case in a trial. I was just led down a path to end up in limbo with no support orders or a settlement.

Kimberly, Unknown

Newsweek's "What Should I Do?" offers expert advice to readers. If you have a personal dilemma, let us know via [email protected]. We can ask experts for advice on relationships, family, friends, money and work and your story could be featured on WSID at Newsweek.

Charlotte Christian is a family and divorce lawyer and founder of The Law Offices of Charlotte Christian and Associates, which has offices in Alabama, Texas, Illinois and Nevada.

This dilemma is heartbreaking but can be resolved. The case would be handled differently based on the law governing the state (assuming you live in the U.S.) where the divorce was filed and whether the state you live in is a community property state or an equitable division state.

In community property states, property obtained during the marriage is divided 50-50 as that property is considered marital property. Without a prenuptial agreement, in community property states, assets are typically split equally with limited exceptions. Property owned before the marriage as well as inherited property do not automatically become marital property.

In equitable division states, the assets are allocated based on a fair allocation determined by a set of guidelines adopted by each state. Note that "equitable" and "equal" are not the same and are often confused. Equal means that both parties. receive the same division. Equitable is a fair distribution of the property.

The facts in this case sound extremely unfair toward you and the fact that 20 lawyers have been unable to resolve the issues leads to much larger questions and causes confusion. One of those lawyers should have been the attorney of record and would have been responsible for alerting the wife as to the case being sealed as well as dismissed. In most cases, an attorney can pull levers to have the court order the controlling spouse to provide payments on behalf of the spouse pending a divorce.

Having 20 lawyers poses a larger problem. Courts generally look at this many attorneys as being an issue. I would advise finding an attorney who can meet with you and explain his or her plan to reach a resolution and then move forward without having additional attorney changes. Find an attorney who can grasp the complexities of this case, as there are many issues, and get that attorney to help you find funding. You can also ask the court to have your former partner pay attorney fees.

There is a way out of this mess but this is a crucial stage for you to achieve a fair result for you and your family so you can move on with your lives.

Evan Schein is a partner and the head of litigation at Berkman Bottger Newman & Schein LLP in New York City.

There appears to be a very long and complicated history filled with financial deceit and financial manipulation. This history appears to go back a long time, both during the marriage and also in the many years since the divorce was filed in 2011. Getting different answers from different people can be extremely frustrating. Unfortunately, this comes with high legal bills and a lot of time spent.

The issues in this case involve different areas and that may be the reason for the different answers on which court to proceed in or how best to proceed. In situations like this, having a timeline with clear dates and details to provide an attorney and to the court if litigation is pursued can be very helpful. If hiring another attorney is financially prohibitive at this time, the local bar association may be able to provide resources or advice.

Holly J. Moore is a family law attorney based in Riverside, California and the owner of Moore Family Law Group.

You may want to consider contacting legal aid organizations or nonprofits that specialize in helping victims of domestic violence or financial abuse. These organizations may be able to provide you with free or low-cost legal services or connect you with resources that can help you get the support you need.

Given the complexity of your case and multiple layers of legal issues involved, it may be helpful to seek the assistance of an experienced attorney specializing in probate and trust litigation, as well as divorce and family law. Work with an attorney who has a strong background in these areas of law and who can provide you with the support and guidance you need to navigate this complex process.