ARTICLES

Fraudulent Transfers

In many divorce cases one spouse will seek to protect property by transferring it to a friend or relative. Classic examples include: letting parents foreclose on the marital home while paying down other large bills,¹ selling vehicles and equipment to a friend for a few pennies on the dollar, and (sometimes) when a spouse places marital property in a revocable trust for the children but names him- or herself as the trustee – thereby keeping control over the assets.² The court has the power to undo such transactions – even if they occurred long before a divorce was ever considered. You should work with an attorney to prepare and present a case demonstrating a fraudulent transfer and to show the court whether the transfer is truly fraudulent,³ illusory,⁴ or merely colorable.

If you feel that your spouse has tried to defraud you out of your rightful share of marital property – or if your spouse is wrongfully accusing you of fraud to seek an unjust enrichment from assets that you properly transferred – contact our offices and work with one of our knowledgeable attorneys to protect your rights and interests.

question
name
phone