3 total
Motion to preserve assets granted in part; alienation of property restricted and accounting of mortgage funds ordered.
The applicant brought an urgent motion to preserve assets pending equalization of net family property, alleging the respondent and his mother breached a consent order by encumbering a property and listing it for sale.
The court found no breach of the consent order as the charge was registered minutes before the order was made.
The court declined to order mortgage funds be paid into court but ordered an accounting of the funds, restricted the alienation of the property without notice, and directed that 50% of the respondent's project management fees be remitted to the Family Responsibility Office for support arrears.
Motion granted to add respondent's mother as party, order disclosure, and issue CPL to protect equalization claim.
The applicant brought a motion in a family law proceeding to add the respondent's mother as a party, compel oral questioning, obtain corporate disclosure, and secure a certificate of pending litigation (CPL) and preservation orders against certain properties.
The applicant alleged the respondent was dissipating assets and using his mother and her corporation to shield equity from equalization.
The court granted the requests to add the mother as a party, ordered oral questioning and disclosure, and issued a CPL against one property, finding a triable issue regarding the applicant's interest.
The request for a preservation order was dismissed as the properties were not legally owned by the respondent.
Partial summary judgment granted for sale of joint property; compensation claim barred by cohabitation agreement.
The applicant brought a motion for summary judgment seeking the sale of a jointly purchased property, equal division of proceeds, and occupation rent.
The respondent opposed, claiming compensation for work done on the applicant's solely owned property and asserting a prior $70,000 payment was a full buyout.
The court granted partial summary judgment, finding the applicant entitled to a 50 percent interest in the joint property and ordering its sale if a buyout agreement is not reached.
The court dismissed the respondent's claim for compensation due to a valid cohabitation agreement, but deferred the issues of occupation rent and personal property to trial due to insufficient evidence.
