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My friends husband has signed over their home to his father in an attempt to hide the equity they have in their home in the divorce settlement is this legal? He also was charged with assaulting her and is now under a two year restraining order which gave her the marital home to live in during that time and the next day his father served her with an eviction notice is this legal?
Just my opinion based upon experience, I know that courts look for recent ownership changes like this and investigate for attempted fraud. Such an obvious scam, not very clever thou since it is so obvious.
Her lawyer can petition the court to freeze all actions regarding all parties and start an investigation of all parties gains and losses of large or valuable property for clear attempt to hide value of property and a pending case, and obvious vindictive act of getting the wife thrown out. What a gem this guy is.
Once they started a civil action, the attorney can flag it , stop it, and kind of reverse the entire process if something is suspect of fraud.
Call a lawyer. Save all paper and document all phone calls relating to the case. Requires a quick response so do not wait.
How can they evict her if she owns half the house?Tell her to get a lawyer and get hold of the distrct attorney in your state and make a complaint against her husband and his father!:cool:
First she needs a divorce attorney and one fast.
Next whose name is on the deed, if they were married would not her name be on the deed also, if so, he can not deed it to someone else without her signing it also.
And the divorce court will look at this type of transfer for what it is, if no money traded hands, he would and could be liable for the value of the house in the divorce and the parents would be liable to the state for gift taxes.
And even possible fraud charges.
But she needs to file for divorce, get that lawyer.
Sorry, if it's the home they lived in as primary residence, absolutely nothing the guy can do can take it away. I mean NOTHING. He can't legally transfer title without her consent anyway, and even if he could and he bought it with every cent of his money, she'd still have at least one half claim in it. It's usually taken into account at the end of the day and it equals out in the long run, but that house is NOT the fathers.
Yeah in a matter of speaking, but if she gets a good enough lower she should be fine couse there are loop holes.Quote:
Originally Posted by desperate housewife
Mj
Hang in there. I fought for 4 years and finally got a decent share of the matrimonial property. Even if the law says 50-50 split there are ways to hide money or property but usually a good lawyer can shift through the legal red tape. On the minus it is expensive so shop around for a compassionate lawyer
Be strong
Did your friends husband sign over the house after the divorce paper work was filed? If so, he is in violation. If the note was signed over before the paper work was filed, there is nothing that can be done really. When my current husband was going through his last divorce, he sold a bunch of his personal items BEFORE the paperwork was filed with the courts. His now ex wife tried to get those items or at least the money from the sales. Both lawyers told her that since the items were sold before the filing, there was nothing she could do, nor was she intitled to the money. So find out if it was done before or after the filing.Quote:
Originally Posted by desperate housewife
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