Divorce with Decency

(Kiana) #1

Case Histories, Anecdotes, and War Stories 185


Reuben suggested that he and Mila transfer title of the care
home to Reuben’s parents, in order to avoid losing it to his credi-
tors. At that point, Reuben’s father was a sugar plantation worker
and Reuben’s mother was earning income by selling flowers and
meat on the plantation.
Mila agreed with Reuben’s plan, and, in 1981, Reuben and
Mila conveyed full title of the care home to Reuben’s parents.
The home remained in the name of Reuben’s parents until 1995.
Between 1981 and 1995, Reuben and Mila treated the care home
just like it was theirs. Reuben and Mila refinanced the care
home on several occasions by cosigning mortgages with Reu-
ben’s parents, and, on each such occasion, Mila was reassured
that, one day, Reuben’s parents would reconvey title back to them.
In several of these refinancings, Reuben and Mila borrowed sub-
stantial amounts of additional cash as part of the re-fi of their
prior mortgages. Each time they used all of the extra cash them-
selves and gave none of it to Reuben’s parents. Throughout the
period of time from 1980 to 1995, Reuben and Mila made all of
the mortgage payments and real-property tax payments on the
care home, and Mila worked there seven days per week caring
for her patients.
In 1995 Reuben and Mila decided to get a divorce. At that time
Mila requested that Reuben’s parents reconvey title of the care
home back to Reuben and Mila so the home could be properly
dealt with in the divorce case.
Reuben’s parents refused. They claimed they had actually con-
tributed various installment payments totaling $110,000 in cash
toward the purchase of the vacant land and the construction of the
care home. Mila denied this completely; she had no knowledge
whatsoever of any cash ever coming from Reuben’s parents.
Mila tried to convince the divorce judge to join Reuben’s par-
ents as parties in the divorce case. The divorce judge declined to
do this, however, and instead ordered that such a dispute would
have to be tried in a jury trial in civil circuit court, not in family
court.
There were relatively few other assets left for the divorce court
to divide. Thus, the divorce case itself proceeded surprisingly

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