Today I have been on trial all day on an interesting legal issue regarding marital property. Can a spouse claim that without their consent the other spouse has transferred thousands of dollars of marital assets to the parties’ children?
In order to answer this question the timing of the transfer must be considered. Unless that person can prove that the assets were transferred in contemplation of a matrimonial action and recent to the cause of action they will not be successful with this claim. The intent of the parties at the time it happened is paramount to deciding this issue. A spouse cannot claim that they allowed transfers to occur for years and then change their mind when there is a divorce.