My question involves court procedures for the state of: Florida
A lawsuit has been hanging on my head for the last 2 years about land and trees dispute with my neighbor. I am the defendant. My neighbor spent a lot of money on this case and it is worth several times more than the actual cost of the disputed land and trees. I almost lost the case and the final hearing is setup for August.
I have two bank accounts: one is a joint checking account with my wife (Joint with right of Survivorship) and another one is a savings account on my name alone. My wages and all other earnings are deposited in the joint account. For the last 7 years, I moved a lot of money from the joint account into my personal savings account, promising her that I will pay back but I did not. Recently, my wife is facing some health issues and anxiety and she is upset with the lawsuit. She stopped going to her job and, without my knowledge, she created her own bank account (a savings account on her name alone) and suddenly moved all the money from our joint checking account into her newly created savings account (in fact, a few days prior to that incident, I moved a large portion of my savings account into the joint checking account, in an attempt to buy some property. But she moved all that money into her savings account).
I have a bunch of questions in the event I lose the case:
(i). The bank records for the last several years clearly show that I did in fact owe a lot of money to my wife. Did I commit any fraudulent transfer because the money is transferred to my wife?
(ii). In fact, I did not transfer the money from our joint checking to my wife’s savings but she did it without my knowledge or permission. She is refusing to send that money back, arguing that I have been transferring money to my personal account for the last several years therefore, she took the money that she deserves. Will I be responsible for any fraudulent transfer charges related to this transaction? This is because all the statutes (726.105 and 726.1060) say as follows: “A transfer made or obligation incurred by a debtor is fraudulent…”
FYI, until now, I am not insolvent.