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Ex-wife demands half of proceeds from forced property division

A recent lawsuit filed in the Galveston County District Court has drawn focus to a divorce case in which the division of property between the parties may not have been fair. According to the June 2 complaint, a woman says that her ex-husband lied to her about the status of their marital home at the time of their divorce. She claims that his lying and hiding of important facts caused her to get a poor split of the divided property.

The couple married on May 20, 2005 and finalized their split Nov. 14, 2008. In the woman's complaint, she says that the defendant told her that their home was in foreclosure at the time of their divorce. She claims that she did not seek to divide the home because it was her understanding that it was no longer eligible for division. Much to her chagrin, the plaintiff says she learned that her ex-husband was still living in the home as of 2013. Furthermore, the plaintiff says she also since discovered that the home was never actually in foreclosure as the defendant had claimed.

Among the allegations the plaintiff levied at the defendant in her complaint are breach of contract, breach of fiduciary duty, fraud by nondisclosure and common-law fraud.

Additionally, the plaintiff is asking the court to order the sale of the home, and the proceeds of that sale to be split between both parties. The plaintiff has also requested a temporary restraining order and compensation for her costs to be determined by the court.

People going through a divorce sometimes find the aspect of property division to be one of the most unsettling. That is where a legal expert knowledgeable in family law can assist in the process. Determining what is considered marital and non-marital property is usually the first step in the process. There may also be issues with complex valuation. People sometimes run into problems when attempting to figure how much retirement accounts or artwork is worth. It is prudent to speak to someone with experience dealing in such matters early in the divorce process.

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

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