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Woman alleges former spouse lied about home in foreclosure

A woman in Texas has filed a lawsuit against her ex-husband in the Galveston County District Court alleging that he committed fraud during their 2008 divorce. According to the complaint on file, the husband is accused of falsely declaring the home they'd shared to be in foreclosure when it was not. As a result, the woman says that the terms of their property division were inaccurately assessed.

The suit was filed on June 2, and the ex-husband has been accused of breach of fiduciary duty, fraud by nondisclosure, common-law fraud and breach of contract. The woman is demanding a restraining order and damages against him.

The complaint states that the two were married for more than three years between May 2005 and November 2008. Although the divorce included a certain division of property, it did not include the value of the home due to the former husband's alleged nondisclosure. Although he is said to have stated that the home was in foreclosure, the complaint says that she found him to be still living in the home as of 2013. She is now demanding that he be compelled to sell the home and share the proceeds.

Divisions of property in divorce proceedings require accurate asset and liability disclosures on the part of both parties.. If someone fails to disclose the full extent of his or her assets, they may be subject to various sanctions and possible forfeiture of the assets in question. A person involved in a divorce who suspects that their former spouse is concealing assets may wish to secure legal representation and have the matter investigated. It is often possible to find evidence of concealed assets through bank statements, income tax returns and other such means and thereby compel their disclosure.

Source: The Southeast Texas Record, "Woman demands ex-husband sell home", Matt Russell, June 12, 2014

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