Can a wife Sue her husband for fraud in Massachusetts?

Can a wife Sue her husband for fraud in Massachusetts?

The Court first explained that Massachusetts law precludes claims of breach of a marriage contract; any civil tort action based on such a breach is unavailable in Massachusetts. As a result, the Court held that the wife’s claims based on fraud were precluded. Next, the Court reviewed the wife’s claims for infliction of emotional distress.

Can a spouse be sued for fraud in a divorce?

Mitchell, supra (statement as to value of property is not a representation of fact and, thus, cannot be fraud). A Michigan appeals court held that a spouse who allegedly misrepresents his asset values in the divorce proceedings cannot be sued for fraud. Nederlander v. Nederlander , 205 Mich. App. 123, 517 N.W.2d 768 (1994).

Can a misrepresentation of asset value constitute fraud?

Misrepresentation of asset values does not constitute extrinsic fraud, a California appeals court held, refusing post-judgment relief to a wife who had been misled about the value of her husband’s benefits. In re Marriage of Melton , 28 Cal. App. 4th 931, 33 Cal. Rptr. 2d 761 (1994).

How to prevent financial fraud in a marriage?

One of the easiest ways to prevent fraud in a marriage is to treat finances like businesses do: using a checks-and-balances system where both spouses see, understand, and review the finances. Holding family members accountable for missing assets eliminates the perceived opportunity and takes away the ability to commit fraud.

Can a civil suit be filed for marital fraud?

by Damian Turco | Mar 9, 2018 | Divorce In a recent case, the Massachusetts Appeals Court decided whether marital fraud–that is, fraudulently inducing another person to marry–constitutes a valid civil cause of action.

Can a person sue their spouse for defamation?

No one gets married planning on divorcing later. When couples divorce, sometimes things are said in anger. Sometimes those things are communicated privately, and other times, they are said publicly, to a friend or confidant, or in legal papers. Many times, people ask their divorce lawyer if they can sue their soon to be ex spouse for defamation.

Can a spouse Sue a spouse for emotional distress?

In 2001 in Wyoming, for example, the state’s Supreme Court ruled in McCulloch v. Drake that spouses could sue each other for intentional infliction of emotional distress based on a case stemming from a marriage that ended when the husband attempted to smother the wife with a pillow.

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