Legal Question in Family Law in California
Community Property
I am currently the petitioner in a divorce case in which my wife is suing for a breach of fiduciary duty. I am employed as an aircraft mechanic and respondent is claiming that I own half the business in which I work. The corporate docs. for the company have been subpoenad and they show that I am not a partner. Respondent is now claiming that I concealed this information and wants exemplary damages from the alleged fraud and ''deception.'' I catagorically did not decieve respondent. Respondent is fully aware that I was never made a partner and respondent is attenpting to use up all funds from sale of our house, currently in a holding account, for litigation because she is bitter about the divorce. Should I file for bankruptcy, or should I file a counter suit for respondents blatent purgery. Any advice would be greatly appreciated.
2 Answers from Attorneys
Re: Community Property
Those are some complex issues. You should move this matter to a trial as quickly as possible as the community funds can be eaten up in the meantime. Maybe the appointmentn of a Special Master to investigate is cheaper than to have one or two attorneys attempt to conduct discovery. Since you are in San Diego County, the local rules require the appointment of an appraiser (or special master) to evaluate the community interest in the business. This is cheaper than litigating the issue. It sounds like you will need to get advice from an attorney on this case, if for no other reason than to control the spending by your wife and her attorney. Good Luck, Pat McCrary
Re: Community Property
Do not try to do this yourself. Get representation immediately. I do not see your grounds for a counter suit. You may be looking at an abuse of process action which may only be filed after the a successful outcome of the original complaint. Please call me directly at (619) 222-3504.
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