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My Bank Account But No Statements.

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  • My Bank Account But No Statements.

    Hawaii. I came into the seventeen year marriage with international bank accounts but do not have statements going back that far. I have letters of correspondence with the bank dating back to before my marriage, but statements only going back to 2002. My resume shows that I worked all over the world as a model before my marriage. Social Security paperwork shows that I've make very little money while living In Hawaii all these years, and in fact and my wife stated in Court paperwork that I've been living off the interest from these accounts all these years. My account balance according to those account statements in 2002 was very similar to what it is today, but of course, 2002 is not 1995, so I cannot prove exactly how much money was in these accounts in 1995. The account statements do show that the funds appreciated up until 2008, but then declined to somewhat parity now as I near my Divorce. My wife is claiming (1) rights to half of the funds in these accounts; and (2) half of the interest accrued since my marriage. I think (a) that the accounts were mine before the marriage so she has no rights to half of the funds. (b) she has no rights to half the interest either, because I lived off them just like managing my funds was my job, and (c) the Court should not grant her the difference in the value the funds from 2002-2013, because there's no proof how much was in the accounts in 1995. So, what is the truth?? How is the Court likely to judge this situation??

  • #2
    Re: My Bank Account But No Statements.

    I suggest you attempt to work out a settlement between yourselves you think is fair. Absent that, the court has the discretion to apportion any and all assets as it feels relevant.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

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    • #3
      Re: My Bank Account But No Statements.

      I wish to inform you that in Hawaii all marital debts and assets are divided equally. In your case your assets are not marital assets because they belong to period before marriage. Your IRS return will show your income and source of income as well as the fact that your investments are not marital. Interest during the period of marriage cannot be allowed because past incomes are not divided only assets are divided. You will have to argue that laws in Hawaii do not allow such a division of assets.

      AFF

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      • #4
        Re: My Bank Account But No Statements.

        Originally posted by Peterboy View Post
        Hawaii. I came into the seventeen year marriage with international bank accounts but do not have statements going back that far. I have letters of correspondence with the bank dating back to before my marriage, but statements only going back to 2002. My resume shows that I worked all over the world as a model before my marriage. Social Security paperwork shows that I've make very little money while living In Hawaii all these years, and in fact and my wife stated in Court paperwork that I've been living off the interest from these accounts all these years. My account balance according to those account statements in 2002 was very similar to what it is today, but of course, 2002 is not 1995, so I cannot prove exactly how much money was in these accounts in 1995. The account statements do show that the funds appreciated up until 2008, but then declined to somewhat parity now as I near my Divorce. My wife is claiming (1) rights to half of the funds in these accounts; and (2) half of the interest accrued since my marriage. I think (a) that the accounts were mine before the marriage so she has no rights to half of the funds. (b) she has no rights to half the interest either, because I lived off them just like managing my funds was my job, and (c) the Court should not grant her the difference in the value the funds from 2002-2013, because there's no proof how much was in the accounts in 1995. So, what is the truth?? How is the Court likely to judge this situation??
        As to half the interest accrued during the marriage, assuming some or all was used for living expenses, she already HAS HAD her share. Money used for living expenses is a benefit to both parties to the marriage.

        When a divorce is contemplated, the current assets and liabilities are what the court looks at to divide. Emphasis on current. They do not go back to Day One of the marriage. What was had and spent 15 years ago is history and dead history, at that.

        As to properties acquired prior to the marriage, that is separate property and remains so.

        Part of the discovery process during dissolution is the parties providing financial statements and often income tax returns. Going back only a few years, usually no more than 3 or four is what the court requires.

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