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Husband owned the sole share of a business worth approximately 15 Million dollars. Father-in-law and brothers-in-law convince Sweet couple looking orgasm indian dating Husband to transfer 15 percent to brother who is going bankrupt and rest to Father without telling wife and concealing from wife her community property interest as well as the transfer. Community property is property not owned before or after marriage that stems from the industry of the parties.
Of course the parties eventually get divorced, wife finds out about the transfer and wants half of the value of the business. Wife argues that pursuant to family code section which prohibits disposal of community property for less than fair market value, the community should recover the property. Extended family argue that your causes of action are barred by the 3 year statute because you plead in your moving papers the transfer was 6 years ago.
Appeals Court finds that concealment moves the date of commencement of discovery of the facts regarding a case to the date the party knew or should have known about the transfer. The Appeals Court further finds that the extended families position that they had no duty to disclose the nature of the transaction and therefore the statute of limitation's tolling does not apply to them is not valid. Using that logic a spouse could convey property and then have the recipient wait out the statute before asserting ownership.
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