Thank you for your post. I believe I have assisted you in the past. You posted a similar question to which I responded to. Did you see my response?
yes I did. does the same answer you gave apply to this also that he said his 20% partnership was a gift and not a marital asset
Thank you for your follow-up.This is tough to answer without knowing more facts. Was the partnership a gift? if not, it was a willful misrepresentation and my other answer applies. If it was a gift, then no fraud and no misrepresentation took place, so there would be very limited chance of success to pursue a re-opening of the case.Good luck and take care.
what would make it legally a gift. I believe the previous lawyer working on the case said he never filed the appropriate paperwork to make it a gift
Thank you for your follow-up.There has to be any sort of documentation and a paper trail showing that this was a unilateral transfer without compensation to the other person. If there is no proof or evidence that such a transfer took place, it is very tough to call it a 'gift' since a gift has to be denoted by documentation. In essence there has to be some sort of proof that this was a sale or transfer but an actual gift without expectation of compensation.Good luck.
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