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  1. #1
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    Default Can a Judge Award More Property than a Party Requests

    My question involves a marriage in the state of: California
    The petitioner commited fraud by transfering some pieces of property that belong to the community. At trial, the respondents lawyer used Section 1100 of the CA Family Law. It seems like the respondents lawyer only requested 75%- 50 the petitioner tried to defraud and 25% that belong to her.*

    The property was purchase by the community but someone else place on title (family member of petitioner) At dirvoce, petitioner claim 25% of the 50% of the community and he had the other 50% under the family. All was purchase with community funds and belong to the community. Court order 50/50.*

    At trial for damages, the respondents lawyer only requested 75%. The court ordered that respondent keep 100% of the property. Can a judge give more than requested by the respondents lawyer? The petitioner lawyer claims otherwise and the respondents lawyers agrees... Respondent lawyer fought the case wrong.*

    Please help!!

  2. #2
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    Default Re: Divorce

    Quote Quoting Babul
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    My question involves a marriage in the state of: California
    The petitioner commited fraud by transfering some pieces of property that belong to the community. At trial, the respondents lawyer used Section 1100 of the CA Family Law. It seems like the respondents lawyer only requested 75%- 50 the petitioner tried to defraud and 25% that belong to her.*

    The property was purchase by the community but someone else place on title (family member of petitioner) At dirvoce, petitioner claim 25% of the 50% of the community and he had the other 50% under the family. All was purchase with community funds and belong to the community. Court order 50/50.*

    At trial for damages, the respondents lawyer only requested 75%. The court ordered that respondent keep 100% of the property. Can a judge give more than requested by the respondents lawyer? The petitioner lawyer claims otherwise and the respondents lawyers agrees... Respondent lawyer fought the case wrong.*

    Please help!!
    I am sorry but that was a bit disjointed and unclear. Are you saying that the pieces of property belonged to a family member of your soon to be ex spouse? Even though the community provided the money to purchase the property? Why would you do that? You basically gave them the property.

  3. #3
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    Default Re: Can a Judge Award More Property than a Party Requests

    It sounds like you tried to defraud your ex-spouse and got caught. It sounds like your ex-spouse asked for 75% of the value of the property that you tried to cheat her out of, and that the judge was sufficiently offended by your misconduct that the judge awarded 100%. If that's the case, yes, that's a potential consequence of your act of fraud.

    If you meant something else, you will need to state the facts more clearly.

  4. #4
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    Default Re: Divorce

    The case is as complicated as it sounds. The couple bought a property, the petitioner placed the brother on title to "replace him" which technically gave him 75% of the property. 50% under the person who replaced him and 25% of the community.... respondent was not aware of the community laws.

    Petitioner tried to get 75% at trial, lost and court ordered 50/50 and to remove the other person from trial.

    At trial for violation of the fiduciary duty, the respondents lawyer argued for 75% instead of 100%. The judge granted 100%. Now petitioner claims it has to be 75% not 100%.

  5. #5
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    Default Re: Divorce

    Apparently you tried to convince the trial court that you acted in ignorance, but the trial court concluded that you were trying to defraud your spouse. You should discuss your options for post-verdict relief or for an appeal with your divorce lawyer.

  6. #6
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    Default Re: Can a Judge Award More Property than a Party Requests

    Thats exactly what happened. Its not me.... my step father did it to my mother...

    Our attorney claims petitioner attorney is right... that my mother is only entitle to 75%. So, I want to know if the judge has discretion to grant 100% (more than what was actually requested)?

    Please help us help him... we go to court tomorrow.

    Quote Quoting Mr. Knowitall
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    It sounds like you tried to defraud your ex-spouse and got caught. It sounds like your ex-spouse asked for 75% of the value of the property that you tried to cheat her out of, and that the judge was sufficiently offended by your misconduct that the judge awarded 100%. If that's the case, yes, that's a potential consequence of your act of fraud.

    If you meant something else, you will need to state the facts more clearly.

  7. #7
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    Default Re: Can a Judge Award More Property than a Party Requests

    If this is mom and stepdad, why are you saying "we" and "our attorney"?

    If mom's attorney truly wants to try to convince the court that it should take money away from her and give it to stepdad, and mom's okay with that, they are free to suggest that to the court, presenting whatever legal authority they have on the issue that would suggest an error by the judge.

  8. #8
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    Default Re: Can a Judge Award More Property than a Party Requests

    I thought it would sound more formal. We been in court since 2010 fighting the case. When the judgement said she would have 100%, we really got happy. I was the one who suggested to our attorney to fight for 100)%

    But now our attorney is claiming she might lose a portion because the judge granted more than what he had requested.

    Can the petitioner's attorney claim this and appeal the judges decision? What defense can our attorney claim?

    Thank you. I appreciate your help with this matter...


    Quote Quoting Mr. Knowitall
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    If this is mom and stepdad, why are you saying "we" and "our attorney"?

    If mom's attorney truly wants to try to convince the court that it should take money away from her and give it to stepdad, and mom's okay with that, they are free to suggest that to the court, presenting whatever legal authority they have on the issue that would suggest an error by the judge.

  9. #9
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    Default Re: Can a Judge Award More Property than a Party Requests

    Your mother should discuss the details of her case, and her strategy moving forward, with her lawyer. He either believes that the judge erred or he does not; and if he believes that the judge erred, he can explain the facts and law behind that determination to your mother.

  10. #10

    Default Re: Can a Judge Award More Property than a Party Requests

    The petitioner's attorney can of course appeal the judge's decision. That is their right to appeal a decision they find to be unfavorable to them. Judges do have the discretion to do what this judge did in particular. Acting out of fraud or malice in court is a serious offense.

    http://articles.latimes.com/1999/nov/17/news/mn-34537

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