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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37884
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If I can prove that my ex husband lied that his 20% partnership

Resolved Question:

If I can prove that my ex husband lied that his 20% partnership in his company was a gift and was not a marital asset during our equitable distribution portion of divorce, does that constitute fraud and is that enough grounds to re-open the case even if its after the 2 year statute of limitations
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

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?

Customer: replied 1 year ago.


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

Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37884
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


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

Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37884
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you

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