Murrieta, CA asked in Divorce, Bankruptcy, Civil Litigation and Collections for Arizona

Q: Couple commits fraudulent transfer of home, then divorces, do you name both to obtain jurisdiction of marital property?

I sued the wife in arbitration for breach of contract and won a six-figure judgment. The husband immediately transferred their home to try and prevent any recovery from the property. It's normal to name both spouses in a lawsuit to obtain jurisdiction over the marital community, however, when they are divorced and there is no marital community, do you name both to obtain jurisdiction of marital property? One attorney has the assumption the there is no need to name the wife in this instance because you already have judgment against her and you do not need her to be a party because there is no more marital community. Another attorney suggests that by failing to include a necessary party to the lawsuit, it would cause it to fail. Not including her and attempting to undo property transactions that she was involved in would not allowing the granting of relief being requested. This would make me unable to obtain a judgment against the marital community. Is this true? Happy New Year! Thank u

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: You must include both husband and wife in your suit or it will fail.

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