186 DIVorCe wItH DeCenCY
smoothly. The real battle occurred in a separate, and expensive,
civil trial in circuit court.
Mila had to wait two years for the circuit court to schedule a
trial. She was on pins and needles during this entire time. If Mila
lost this trial, she would essentially lose everything she had. For-
tunately, Mila won the circuit court trial, but getting to that point
took another two years following her divorce and cost her $40,000
more in additional legal fees.
Lessons learned:
Think very carefully before you ever convey away title of any mar-
ital assets simply to avoid a creditor’s claim. This advice is espe-
cially important if there is no adequate consideration to support the
actual conveyance, and applies even if the “buyer” makes a promise
to reconvey back to you. Not only can the “buyer” suddenly have a
memory lapse and claim that he really does own the property, but
creditors also have the right to challenge the conveyance. In this sort
of case, the court does have the power to overturn and disregard the
conveyance, but this is a very risky and unpredictable scenario.
— Contributed by attorney Paul A. Tomar, former associate,
Coates & FreyThe Man Who Was Almost a Bigamist
Marco came to see me with a simple case. He and his ex had di-
vorced several years earlier in Texas. She got custody of the two
kids, he got visitation. Things had worked out reasonably well
in the six years since the divorce. Marco paid his child support,
saw his kids in the summers, and got along well with his former
wife. Marco had moved to Hawai‘i, remarried, and had a third
child with his new wife.
Meanwhile, Marco’s ex decided to undertake a lengthy reli-
gious mission. She asked Marco to have the kids live with him
for a year or two while she was out of the country. Marco was
elated. He came to see me to find out what ought to be done to
make it all legal.
Of course, Marco could have simply let his ex drop the kids off
with him on her way to the far end of the world. He was smart