Q: How can I contest a divorce and asset transfer done without notice while I was overseas?
I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my legal options moving forward?
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A: The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit against the present owners/ex-husband for your assets or interests therein. A notice lis pendens should be filed on any real property involved. Setting aside the divorce may be necessary, but hopefully the breach of fiduciary duty action is sufficient.
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