A Wisconsin man returned home after an absence of many years to learn his wife had divorced him. She also sold the house they owned together even though he never signed papers allowing the sale. The case illustrates the importance of ensuring one’s interests are represented in a family law proceeding.
When the man’s wife filed for divorce, she never personally served him with divorce papers. He had moved out of state and his wife served him by publication only. Then, when he did not appear in court, she was awarded divorce by default. The divorce court awarded the house to the wife, and she sold it with the help of a forged signature on the quit claim deed.
When the man learned what happened, he successfully petitioned the court for a post-divorce modification. The court acknowledged that it did not have authority to transfer property in a default divorce proceeding when the defendant had not been personally served. The court ordered the ex-wife to split the sale proceeds. The man then sued the title company for conspiring with the ex-wife to transfer title to the home by forgery. In 2008, a jury awarded actual and punitive damages to the man. The title company appealed, and on Dec. 4, the Wisconsin Court of Appeals upheld the earlier jury verdict.
In any divorce proceeding, it is important to have qualified legal representation. An experienced family law attorney can advise people about the long-term implications of any decisions and agreements to be made. The attorney also can help ensure property division issues are addressed fairly and in accordance with the law.
Source: State Bar of Wisconsin, “Divorce Court Lacked Jurisdiction to Transfer Property, Title Company Loses,” Joe Forward, Dec. 4, 2012
