Equitable Distribution of Marital Assets and Liabilities

Marital Assets and Liabilities Part 12 of 15| Divorce Attorney Fort Myers/Naples

Corporations.

• A corporation should be added as a party to the dissolution of marriage proceedings if transfer of the corporate assets is requested by a party. If a corporation is not joined, then the trial court has no power to order a transfer of corporate assets. Keller v. Keller, 521 So.2d 273 (Fla. 5th DCA 1988).
• The party who is ordered to transfer the property may not be able to convince the corporation to do so, and the party who is to receive the property is without recourse. Nichols v. Nichols, 578 So.2d 851(Fla.2d DCA 1991).
• Dismissal is not permitted, however, where the parties’ course of conduct demonstrates a blending of marital and business partnerships. Hoecker v. Hoecker, 426 So.2d 1191 (Fla. 4th DCA 1983).
  • When both parties have access to the corporate books, checkbooks, bills, and personal expenses taken from the corporation, there exists a blending of marital and business partnerships and joinder is required.

For more information please contact us to schedule your free consultation.

At the Guardian Law Firm, we believe in the sanctity of marriage. It is our goal to provide you with as many resources to help salvage your marriage. If all else fails, we are here to help you facilitate the divorce process to establish long-term stability that minimizes the need for subsequent court action as well as the emotional drain on the parties and families.

We strive to provide the best client service possible in a warm and welcoming environment. To that end, we place a high priority on detail, value, service, and communication, beginning with the initial consultation, and continuing even after the matter is resolved.

We are committed to providing the kind of service and environment that we all want as consumers.

With representation and the right attorneys in their corner, our clients will return to being the productive citizens and family members they have been and wanted to be again.

We truly are here to serve the one.