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How You Can Be Your Own Financial Detective
Jan L. Warner & Jan Collins

Question: After 17 years of marriage, I am quite certain that my husband and I are headed for divorce. We have a home and three children, and my husband also owns and operates his own business. My major concern is that over the years, I have signed everything that he put in front of me, including financial papers about which I know nothing. Most recently, I think I signed over our home to be used as collateral for his business. I don’t want to arouse any suspicion yet, but do you have any thoughts on how I can go about finding out our assets, debts, and so on?

Answer: With the Internet and other sources of information, today you can be your own financial detective. Since you have been signing the various documents, the first step would be for you to order your credit report from Equifax or TransUnion. In this way, you will get a picture of your debts and credit scores.

The second step is for you to engage a title abstractor – obviously, who has no connections with your husband or his business – to research the public records in your county of residence and get for you evidence of ownership of all assets in your, your husband’s, and his business’s name, together with all mortgages, financing statements, etc. The abstractor should check the assessor’s office to get the most current valuation information for each asset. Ask the abstractor to check the records with your secretary of state to get current information about your husband’s company, which may include whether you are an owner.

Third, look for your income tax returns and those of your husband’s business, together with debt and credit card information, in your home. If you can’t find them, rather than going to the accountant who prepares your tax returns and thereby raise an immediate red flag, contact your state department of revenue. This office will send you copies of the returns they maintain on file.

Fourth, if you are a shareholder or owner in your husband’s business, you should be able to secure copies of the business returns from your state department of revenue. You may be an owner without knowing it, since, if you own a majority of the stock, the business might qualify as a minority business.

Once you get your documents, take them to an independent certified public accountant and try to get an overall picture of the financial aspects of your marriage. In this way, you can make some informed decisions before seeing a lawyer.

SoloFact: Over the past months, we have heard from a growing number of women aged 62 and over who have been unpleasantly surprised by their retirement incomes when their survivor pensions have been reduced by their Social Security benefits. Since January 1, 1985, federal law has mandated that there will be survivor's pension benefits unless both spouses waive that right in writing. But all pensions are not covered by this law, and some pensions may have different entitlement dates. If you receive survivor benefits, your monthly sum could be reduced if the plan is integrated with Social Security. So check into it before the fact. This has been happening to military wives as a way for the government to save money on the backs of those who served our country.



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Suggested Reading:
Separation and Divorce Guidebook
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FS-Be Wary of Credit Issues with Ex
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FS-Becareful of Bargaining Away Alimony As Child Support
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FS-Lawyer Tells Me to Lie & Pension Double Dipped
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FS-On and Off Again Reconciles Can Create Agreement Disasters
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FS-The Dangers of Family Loans
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FS-Transference of Affection & 10 Tips of Divorce
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