Legal Question in Family Law in Connecticut
settled divorce
I thought my ex-husband hid cash and was told a forensic audit would cost about $10,000. We divorced July 5, 2007 and he only listed about $10,000 in cash as an asset. Shortly after we divorced he purchased a house costing $415,000. he closed Sept 12 and I believe he made the offer on the house prior to our divorce which would conflict the cash he listed. As he was self employed and only earned less than $40,000 each of the last 3 years, he must have put at least 20% plus closing down. Is there anyway to reopen and re-evaluate the settlement based on the fact that this prevents our settlement from being fair and equitable.
3 Answers from Attorneys
Re: settled divorce
If your husband did not disclose cash, a bank account or other assets at the time of your settlement, that certainly would be grounds for voiding your agreement and setting aside the judgment. You would need to file a Motion to Reopen Judgment. You would have to prove 3 things: (1) Clear proof that your husband lied or falsified his financial affidavit, (2) You did not wait an unreasonably long period of time to reopen the judgment, and (3) it is very likely that your case would have turned out differently if his correct financial information was available. Be aware that a court may very well refuse to open the judgment if you wait more than 4 MONTHS after you knew of the fraud. For further information, go to the Family Law section of my website (www.SerranoLawyers.com) and click on the button called After the Divorce. Please feel free to call me on Monday or email me over the weekend ([email protected]) if you would like to discuss this further.
Re: settled divorce
Possibly. What do you mean by "shortly after"? Did he buy the property with someone else who might have put down some money? How much of a mortgage did he give to the bank (check town hall)? Does he have parents or someone who might have loaned him the down payment?
Re: settled divorce
Yes, you can file an Order to Show Cause to vacate the Judgment.
But, keep in mind that in 2007 it was possible to get 100% financing, including closing costs, from a bank.
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