Recently, I have been retained by several soon to be ex-wife's from the United States. The husbands of these women have acquired assets in Costa Rica and do not want to share any of it with their wives. More so, these men have secreted money taken from joint accounts in the United States and have hidden them in different bank accounts here Costa Rica. Most of the women we represent are attempting to get a fair and equitable distribution of marital assets in the United States. For the most part these women could care less about pursuing a future life in Costa Rica.
However, after reviewing the financial statements filed in court documents during the process of dissolution of marriage, many women readily recognize the falsity contained within such statements. Many of the men submitting such financial statements failed to take into account that during the time of acquisition of both material assets and money that their wives were knowledgeable of both amounts and values of such acquisitions. Nevertheless, I see case after case the attempt to hide money or other assets by the various methods provided by and readily available through the Costa Rica judicial and banking system.
If there is a divorce procedure ongoing, the Costa Rican courts may order the Public Registry to withhold the property until the final judicial decision is made. Once finished, the divorce ruling needs to be recognized by an executor. If the divorce is filed in Costa Rica, the conjugal property rights are equivalent to fifty percent of the net price of all the properties and goods bought during the marriage. To file this, the marriage certificate, and the titles of the properties and goods involved are required. A demand for division of marital assets can be filed with the Courts of Costa Rica which will freeze the transfer of assets until the divorce proceedings are finalized. Alternatively, no divorce needs to take place to have the assets divided and disbursed prior to the dissolution.
Obviously this gives a party in the United States considerable leverage in reaching a fair and equitable distribution of assets to be embodied in the final dissolution of marriage and property settlement agreement. If you find yourself in this situation call us 321-218-9209 for more information.