Genuine issue of material fact existed as to whether former husband’s alleged threats to effectively transfer marital business assets into a new non‑marital entity and enforce former wife’s purported written agreement to relinquish rights to business constituted extrinsic fraud of the sort that would entitle former wife to bill of review relief from property settlement agreement and divorce decree, thus precluding summary judgment in the post‑dissolution action in which former wife alleged that former husband’s threats of financial ruin and concealment of information prevented her from discovering the value of parties’ assets, resulting in an unfair property division.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com