Ferri v. Powell-Ferri
Since husband had no role in creation of a second trust, he did not dissipate assets. There is no cause of action for failing to take affirmative action to recover marital assets from a third party.
Since husband had no role in creation of a second trust, he did not dissipate assets. There is no cause of action for failing to take affirmative action to recover marital assets from a third party.
Trial court affirmed for valuing account including funds withdrawn by husband for his own purposes after action was commenced.
Where parties had previously given son $5,000 as a wedding gift, giving same gift to daughter during divorce action is not unreasonable or a fraudulent transfer.
Where husband closed out accounts and transferred funds within one year prior to filing, presumption statute seems to apply.
Court can consider a party’s efforts to preserve marital assets or to deplete them.
Where husband paid $75,000 to parents just before commencement of divorce action, $30,000 was proper repayment of loan, but trial court properly found that the $45,000 in interest should be returned to the marital estate. No abuse of discretion in not ordering interest on the $45,000 for the time it was in husband’s parent’s possession.
Debt arising from an investment was not a dissipation even though husband had sole control and the investment was made while the parties were separated.
Contribution of attorney fees based upon H paying his attorney for divorce and for unrelated civil matter was designed to make estate whole and usual findings for attorney fees not required.
Sec. 767.275 includes in the marital estate the value of assets which would have been in the marital estate but for waste, gift inadequate exchange or lack of accounting. Nothing could be more relevant to the court’s division of marital assets than the wife’s allegations that the husband’s misrepresentations cause the marital estate to be depleted for his own benefit.
Ex-husband has equitable interest in sale of stock and thus has standing to challenge its sale to prevent waste.