Question re marital settlement agreement, alimony, statute of limitations, and fraudulent transfers
Posted: Thu Nov 08, 2012 3:09 pm
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.