Tuesday, June 20, 2006

Case Law Development: Sale of Marital Home Under Market Value to Relatives Constitutes Contempt

The Ohio Court of Appeals upholds a trial court's finding of contempt against Wife, who under the terms of a separation agreement was required to pay Husband $ 14,800 from the proceeds of the sale of the marital home. Wife sold the home, appraised at $143,000, to her sister for $105,000 (which paid off the existing mortgage with no excess funds left to pay husband). The Ohio Court of Appeals found this sufficient evidence to uphold the trial court's finding that the sale was a fraudulent attempt to avoid paying the husband the $ 14,800, thus constituting contempt.

McCleese v. Clemmons, 2006 Ohio 3011; 2006 Ohio App. LEXIS 2882 (June 15, 2006) bgf

http://lawprofessors.typepad.com/family_law/2006/06/case_law_develo_24.html

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