Legal Question in Family Law in California
divorce back in 90s
My mother used to reside in california at which time she was married to my father and had 2 children in the late 1980s my mother seperated from my father and moved back to michigan. My mother and father had a grocery store together in fresno. Once my mother seperated from my father they remained legally married but appart in different states. My father told my mother that the store went bankrupt and went under... He sent her divorce papers that she signed with claims that he had no money and no property... At this point I have made ammends with my father and I now live in California... I have recently found out that right before my parents divorce my father tranfered all his accents into a family members name. This store is now worth alot of money and makes at least $10, 000 per day... My father resides above the store and takes all the profit... Does my mother have a claim to any of the property if in fact my father tranfered it before the divorce to avoid her having any claim to half the property?
Is there a statue of limitations on this type of issue?
2 Answers from Attorneys
Re: divorce back in 90s
The court might consider the store an "omitted asset." Or your father might have breached fiduciary duties to your mom.
These are areas that are very fact-specific and rather complicated. Your dad needs to consult an attorney.
Re: divorce back in 90s
Depending upon when the divorce petition was filed and what evidence you have that he owned the grocery store during the time they were married. The major problem will be convincing the court that the present business was the business that existed during the marriage. Also the increase in value following their separation could be his separate property. You will need to retain an attorney to review the documents and the law as it applies to your mother's rights.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
