Anonymous ID: d7ca33 Jan. 13, 2019, 8:21 p.m. No.4747156   🗄️.is 🔗kun

>>4747019

This could be what they are going for in BEZOS DIVORCE. I think claw back may prohibit but in reading below maybe not. Lot more in the link.

https://www.divorcesource.com/research/edj/forfeiture/95mar25.shtml

II. Forfeiture of Spouse's Property

 

Impact of State Property Law in Forfeiture Proceedings. In the case where the government seeks to forfeit assets while the parties are still married, counsel's first step should be to assess what property rights the client may have under state law. See United States v. One Single Family Residence , 894 F.2d 1511 (11th Cir. 1990) (appropriate to apply state law to determine interest of innocent owner).

 

In a criminal forfeiture case, the Seventh Circuit scrutinized Wisconsin law and found that the wife of a convicted drug king-pin had not established a legal interest under marital property law in a corporation owned by her husband. United States v. Marx , 844 F.2d 1303 (7th Cir. 1988). The case is important because the court recognized that state marital property law is controlling and that a present marital property interest existing under state law at the time of the unlawful activity is not forfeitable.

 

In asserting a property interest in the corporation, the wife relied on Wisconsin's Marital Property Act, which states that marital property is a form of community property and that all property is presumed to be marital property in which each spouse has a present undivided one-half interest. However, all of the husband's drug activities occurred before the effective date of the Marital Property Act. Since the forfeiture statute in question, 21 U.S.C. S 853(n)(6)(A), required the court to determine the claimant's property interest at the time of the commission of the unlawful acts underlying the forfeiture, the prior Wisconsin statute applied. That statute recognized a spousal interest in property titled in the other spouse's name only upon a judgment of annulment, divorce, or legal separation. Since the wife and husband were married at the time of his drug crimes, and were still married, the wife could not claim an interest in his corporation under marital property law. The court remanded, however, for evidentiary determinations on the wife's constructive trust and resulting trust theories.