Motion to Freeze Assets

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Asset freezing is a legal process which prevents a defendant whether innocent or guilty (usually an apparent fraudster) to an action from dissipating their assets from beyond the jurisdiction of a court so as to frustrate a potential judgment. In a divorce, a court can freeze bank accounts and other marital assets.

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How do you Freeze Someone’s Assets?

This process usually depends on the type of asset you want to freeze. To freeze the asset you would need a court order from the judge stating the asset is not to be transferred anywhere else or to another person until your case has ended. To freeze assets is a due process by the court. Before you can freeze any asset there needs to be documentation and evidence that shows the need for restrictions on the assets.

Why Would Someone’s Assets be Frozen?

Assets can be frozen for a number of reasons. A frozen bank account can be done either by a court order or by the bank itself. This typically happens if the bank suspects fraudulent activity on an account, or there are debts that are not paid on the account.

If someone is found to be involved with criminal acts, their accounts and ones that they own jointly, including a spouse or business partner. It is also possible to freeze accounts if the owner passes away and no heir or executor has been named for the decedent’s estate.

Can I Freeze My Husband’s Assets?

A court may freeze a couple’s assets during divorce proceedings through the issuance of an order specifically prohibiting the parties from selling, wasting, or even gaining access to certain assets. You should do this as early in the divorce process.

In some cases you will need to request a temporary restraining order, which goes into effect immediately and lasts for two weeks. Any property agreement that the parties reach can then be based on this information to ensure that it is fair to both individuals.

Are Assets Frozen When a Will is Contested?

Will contests are challenges brought by the heirs of a decedent to challenge the validity of their Last Will and Testament. The only legal reasons for contesting a will are lack of mental capacity of the person making the will, another persons influence over the owner of the will and fraud or improper execution of the will.

As soon as a will is contested, the decedent’s assets are frozen and cannot be distributed to his or her beneficiaries until the contest of the will is concluded.

Legal and court fees for most contested will proceedings can cost tens of thousands of dollars and take years to complete. If livable wages are needed while the assets are frozen there are legal ways to get that money for reasonable expenses.

Do You Freeze Assets During Divorce?

Divorce can become complicated fast, there are many different areas that need to be sorted out when you decide to split ways. One of these being marital assets including all individual possessions, investments, real estate and joint bank accounts.

In most cases when you share a bank account each person can still use the account to pay for daily things that are within reasonable expenses, like childcare and the mortgage. But if a judge discovers that one spouse is trying to waste or hide assets, he or she could halt the assets in the account, as well as any other property that is at risk. In some cases, all shared assets could be frozen from the start of the divorce even if there is no evidence of any misuse of the assets.

Who has the Power to Freeze Assets?

If assets have been involved in criminal activity the government has the authority to freeze all involved assets. Banks have the ability to freeze an account if they notice chargers that are not in the normal routine of your accounts. If there have been excessive chargers or in states that you have previously never traveled. An insurance company can also freeze assets if there is an outstanding debt that has gone over a specific amount.

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