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Question re marital settlement agreement, alimony, statute of limitations, and fraudulent transfers

Posted: Thu Nov 08, 2012 3:09 pm
by Yahoo Bot

1)If there is no recordation of the MSA and approval by the Family law court are they really divorced. Don't forget that 70% of the family law cases have at least one pro per, and that jumps to 80% by the time of judgment. Many of them use "paralegals" who have no training and do not list all assets and divide them. Clients think they have a Final and they do not. We always want to see the Final papers, and we check online as well. Check the case summary online. Either there is a judgment which might incorporate the MSA or not. The client can go down to court and get a copy of the last few documents.
2) If the final was several years ago when the property was transferred I don't see the problem. We have that happen all the time. People get divorced and later file BK. There would have to be something more. Has husband been making payments on the property or living in it? The property value 4 years ago was at the peak. spouse may have given up some other assets such as the business in exchange. I don't know that it would be fraudulent. It might even have been a bad deal.
Margaret Norman, Attny
111 N. Sepulveda Blvd. #355
Manhattan Beach, Ca. 90266
310-376-7873
Fax 310-798-0846

The post was migrated from Yahoo.

Question re marital settlement agreement, alimony, statute of limitations, and fraudulent transfers

Posted: Thu Nov 08, 2012 2:20 pm
by Yahoo Bot

I need to amend my answer to number 3 because I now see that you were still
addressing a fraudulent transfer action. The contract between the parties
is enforceable under CA law if it has the necessary elements of a contract.
The answer is the same as number one. Why is it fraudulent?
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.