在 divorce proceedings 中，property preservation 可以帮助 protect assets from dissipation or concealment by the other spouse.
To initiate a property preservation proceeding, the spouse seeking protection must file a motion with the court. This motion must include a statement outlining the grounds for preservation, such as evidence that the other spouse has a history of concealing or dissipating assets.
The court has discretion to grant property preservation if it finds good cause to do so. The order can be made on an ex parte basis, meaning that the other spouse will not receive advance notice of the proceedings.
The property preservation order can prohibit the other spouse from selling, transferring, or otherwise disposing of the specified assets. It can also require the other spouse to turn over any assets that have already been dissipated.
If the property preservation order is violated, the injured spouse can seek sanctions against the defaulting spouse.
The court will consider a variety of factors when determining whether to grant property preservation. These factors include:
The likelihood that the other spouse will dissipate or conceal assets The value of the assets at risk The financial needs of both spouses The history of the relationship between the spousesEvidence that the other spouse has a history of concealing or dissipating assets can be particularly persuasive in favor of preservation. This evidence can include bank statements, credit card statements, or other financial records.
To start a property preservation case, the interested party must file a motion with the court. The motion must include:
A sworn statement establishing grounds for property preservation A complete list of assets that the party wants to protect A draft order for preservationAfter the motion is filed, the court usually considers the motion in a short hearing. The court may hold a continuation of the hearing to consider additional evidence or arguments.
The court has the discretion to grant preservation orders ex parte, meaning without first filing.
If the other spouse violates a property preservation order, the injured spouse can seek sanctions. These sanctions can include:
Contempt of court Liability damages Injunctions Temporary restraining ordersIn addition, the injured spouse may be able to file a divorce accelerated due to the property preservation violation.
Property preservation in a divorce is important when there is a risk that one spouse will dissipate or hide assets. The other spouse can seek preservation by filing a motion with the court.
If the court finds good cause, it may issue a property preservation order prohibiting the other spouse from selling, transferring, or otherwise disposing of the specified assets. The court can also require the other spouse to turn over any assets that have already been dissipated if the preservation is violated.
