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


  • 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.

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