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Woman says former husband lied during divorce

A woman in Texas has filed a complaint against her husband of more than three years alleging that he fraudulently withheld assets during their divorce. The complaint was filed in the Galveston County District Court on June 2. According to the complaint, the division of property conducted during the divorce was not complete or accurate because the woman's former husband failed to include the value of their marital home. At the time, she says that he claimed the property was in foreclosure and therefore not subject to division. However, she claims to have found him still living in the home as of 2013, and she now believes the home was never in foreclosure in the first place.

As a consequence, the former husband is being accused of breach of fiduciary duty, fraud by nondisclosure, breach of contract and common-law fraud. The woman has now demanded that the man sell the home and share the proceeds of the sale with her. She is also seeking damages, although the precise amount has not yet been determined.

In order for a married couple to divorce it is often necessary for both sides to make complete disclosures of their financial accounts and assets. Absent this, it can be difficult to complete the process without unjustifiably disadvantaging one party or the other. If one of the parties to a divorce intentionally conceals his or her assets to avoid the other claiming ownership, they may be subject to various legal sanctions.

Someone in a situation similar to this may wish to have their case thoroughly reviewed by an attorney. It may be possible to research public records and other documents to accurately determine ownership of an asset and distribute it accordingly.

Source: The Southeast Texas Record, "Woman demands ex-husband sell home", Matt Russell, June 12, 2014

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Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

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