Legal Question in Family Law in Massachusetts
Divorce & sale of personal property
A motorcyle, personal property, my ex husband informed me he sold the mcy for $2500 when it was valued at $3800 -- that was the best offer. He never informed me of the party that it was sold to... upon checking with VIN# and RMV no transfer occured. I have since been informed he is in possession of the motorcycle falsifying the sale. What recourse do I have? He undersold to me for his own personal gain I would like compensation for the difference, am I correct on this matter. The sale was in November 07 and Divorce finalized in Sept 07 still have issues waiting to resolve including his atty inappropriate use of escrow QDRO funds. Please assist in this matter
2 Answers from Attorneys
Re: Divorce & sale of personal property
As a general rule, you cannot modify propety distributions in a divorce proceeding after the divorce has been finalize. However, under certain circumstances a court will modify a property judgment. The specific circumstance has to do with "fraud". The caveat is that the fraud has to be pretty bad and I'm not sure your situation rises to that level.
There is no harm in trying though. You would need to file a 60B motion. This motion has to allege the fraud and you'll have to fill out an affidavit and supporting documents.
Good luck.
Re: Divorce & sale of personal property
Unless this was part of a larger pattern of fraud, the court is unlikely to modify the matter further. Given the amounts involved, and the case loads of our courts, you may actually find yourself considered the vindictive spouse if you bring this further through the court. This is sad, but true.
My suggestion is that you let this fraud be a lesson to you to be vigilant should you have further dealings (e.g., child support issues).
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