The Pro Se Self-Help Guidebook Series

A Spouse's Guide To Hiding Assets

Do you think your spouse has hidden assets away? Or, have you hidden some away and wonder if they are safe from detection? Do you want to know some safe ways to protect them? Now you can find out.

 
This manual is a how-to blueprint for anyone who has ever wanted to find out about how assets can be “repositioned” to avoid detection, how assets can safely be protected and “cloaked,” what legal entities you can use, how you can locate them when someone else has them, and what methods you can employ to find them.

If you have assets secreted away in a place where you think they won’t be found, then you need to know some of the ways in which what you have can be discovered. Knowing what the other side can do and what tools they can utilize will help you to formulate a plan of what you can do to protect what you have.

There are essentially five periods when you absolutely need to concern yourself with the planning for your asset protection: before marriage, during marriage, before a divorce, after a divorce, and when you are facing a contempt of court hearing.

Good asset protection planning starts very early, even before you are contemplating marriage or divorce. With the high probability of divorce, planning for this eventuality should be done in the early stages when you think you might want to tie the knot. When the parties are in “heat” to get married, little thought is given to their financial future and everything seems rosy. As one of the parties to a future divorce proceeding, you will want do what you can to protect what assets you have now....not later.

Protecting your assets is primarily concerned with finding legal and relatively easy methods to implement that are readily available and cost effective. Surprisingly enough, you don't have to resort to exotic and complicated remedies like going offshore to do so. Your other concern is being familiar with the basic laws that regulate what you are trying to do and understanding how the courts view them. The approach this book takes and the content contained herein embraces all these aspects.

Your goal is to make your assets as “bulletproof” and as invisible as much as possible in order to keep them safe. You will find explained herein some entirely legitimate and commonly overlooked ways to protect your assets, some precautions to use, and possibly, some considerations of which you weren’t aware.

As one of the parties to a future divorce proceeding, the first thing you will want do is to protect what assets you have now....not later. Then it will be too late. What's in this book is something your Mother or Father never told you, yet is something you definitely need to know.

In writing this book, it was intended to be sort of a one-stop primer to acquaint you with the many aspects of the practice of “hiding” assets for one reason or another and the methods commonly employed to locate them. Along with that is included a lot of related material that breaks everything down into a coherent flow of information that guides you through more than just the methods and practices used but gets down to giving you an understanding of the basics you need to incorporate into your thinking and planning process.

One of the unique facets about these guides is the ongoing and continuing support provided by the publisher's website for each book. In effect, it provides new and updated information for the book's chapter contents as it occurs. This website support insures that the data in the guidebooks is kept current without having to publish revised editions.

TABLE OF CONTENTS

PREFACE
INTRODUCTION
TYPES OF ASSETS
     DIVORCE AND MARITAL ASSETS
     NON-MARITAL ASSETS
     LOSS OF NON-MARITAL VALUE
     TRACING NON-MARITAL VALUE
TYPICAL TYPES OF ASSET OWNERSHIP
     TENANCY IN COMMON
     JOINT TENANCY
     TENANCY BY THE ENTIRETY
     TENANCY FOR LIFE
     LIMITED PARTNERSHIPS (LP) AND LIMITED LIABILITY COMPANIES (LLC)
     FAMILY LIMITED PARTNERSHIPS (FLP)
     LIVING TRUSTS
     IRREVOCABLE TRUSTS
COMMON METHODS OF HIDING ASSETS
     HIDING ASSETS UNDER SOMEONE ELSE'S NAME
     TRUSTS
     HIDING PERSONAL PROPERTY
     HIDING ASSETS IN EXEMPT PLANS
     OTHER TACTICS
     COMMON MISTAKES WHEN HIDING THEIR ASSETS
FRAUDULENT CONVEYANCE
     LEGAL CONSIDERATIONS
     THE GREY AREA OF OPPORTUNITY SHIFTING
HIDING ASSETS OFFSHORE
     I.R.S. CURTAILS MANY AUDITS IN TAX HAVENS
HOW ASSETS ARE LOCATED
     PREPARATIONS PRIOR TO DIVORCE
     METHODS FOR LOCATING ASSETS
     PUBLIC RECORDS
     CHECKING PUBLIC RECORDS
     UTILIZING PROFESSIONALS TO ASSIST YOUR SEARCH
     FORENSIC ACCOUNTANTS
     COMPUTER FORENSICS
DEFENSES AGAINST AN ASSET SEARCH
     CONVERTING AN ASSET AND "SQUANDERING"
     GO ON THE OFFENSIVE AGAINST YOUR SPOUSE
PLANNING AND PREPARATION
     KNOW THESE FACTS ABOUT ASSET PROTECTION:
     SOME MISTAKES IN ASSET PROTECTION PLANNING
     STAGES OF PLANNING
     STAGES OF PLANNING CONSIDERATIONS
     GOALS OF PLANNING
CLOAKS OF INVISIBILITY
     BREAKING THE AUDIT TRAIL
     LEGAL DOCUMENTS NOT REQUIRED TO BE FILED
     LEGAL ENTITIES NOT REQUIRED TO BE RECORDED
ASSET PROTECTION FOR THE BUSINESS OWNER
     THE FAVORED ENTITY FOR BUSINESS ASSET PROTECTION PURPOSES.
     THE BUSINESS AS AN ASSET
     VALUATION OF THE BUSINESS
     TECHNIQUES FOR HIDING MONEY
     STRATEGIES FOR PROTECTING ASSETS
CONCLUSION
APPENDIX
     ABUSIVE OFFSHORE TAX AVOIDANCE SCHEMES
     OFFSHORE CREDIT CARD PROGRAM

The assets you worked to obtain are your future. Don't let those who don't deserve them take them away from you.

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It will save you far more than it costs.

The Pro Se Self-Help Guidebook Series

A Spouse's Guide To
Hiding Assets

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