Fraudulent Transfer of Community Property
**UNPUBLISHED**
Wife alleged that during marriage, husband fraudulently transferred two community assets to relatives by tricking her into signing a quitclaim deed on the first property and purchasing the second property with community funds and giving it as a gift to his nephew. In a divorce proceeding in LA County, trial was conducted regarding the characterization and division of marital assets. The trial court believed the wife, finding clear and convincing evidence that husband breached his fiduciary duties and committed fraud. Wife was awarded two parcels of real property in their entirety.
Husband appealed the trial court judgment. He filed a notice electing to file an appendix in lieu of clerk's transcript, but failed to file the appendix. Husband contended that the trial court findings of breach of fiduciary duty and fraud weren't supported by substantial evidence.
Held: failure to provide an adquate record on appeal regarding the contention of insufficient evidence is sufficient basis for appellate court to decline to consider the claim. Further, husband's argument that the action was barred by the statute of limitations fails under Family Code section 1102(d) as wife did not know about the transfer and the transferee (husband's sister) knew that it was community property.
Case: Nazaryan v. Tonoyan
Court: Los Angeles Superior Court
Judge: Michael Linfield
NOT CITEABLE
Wife alleged that during marriage, husband fraudulently transferred two community assets to relatives by tricking her into signing a quitclaim deed on the first property and purchasing the second property with community funds and giving it as a gift to his nephew. In a divorce proceeding in LA County, trial was conducted regarding the characterization and division of marital assets. The trial court believed the wife, finding clear and convincing evidence that husband breached his fiduciary duties and committed fraud. Wife was awarded two parcels of real property in their entirety.
Husband appealed the trial court judgment. He filed a notice electing to file an appendix in lieu of clerk's transcript, but failed to file the appendix. Husband contended that the trial court findings of breach of fiduciary duty and fraud weren't supported by substantial evidence.
Held: failure to provide an adquate record on appeal regarding the contention of insufficient evidence is sufficient basis for appellate court to decline to consider the claim. Further, husband's argument that the action was barred by the statute of limitations fails under Family Code section 1102(d) as wife did not know about the transfer and the transferee (husband's sister) knew that it was community property.
Case: Nazaryan v. Tonoyan
Court: Los Angeles Superior Court
Judge: Michael Linfield
NOT CITEABLE
Labels: division of property, divorce, fiduciary duty, fraudulent transfer
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