Should a Third Person be Added as a Party to a Divorce Proceeding?

Divorce Proceeding

Should a Third Person be Added as a Party to a Divorce Proceeding?

When Cendy and Juan* divorced, they owned several businesses together. The businesses were considered community property, because they were started during the marriage. The judgment for divorce divided their assets and awarded Cendy a portion of the shares of the corporation. Before the shares were transferred, Juan sold the shares to Alfredo so that Juan could pay some tax debt. Cendy asked the court to add Alfredo to the divorce proceedings, because he now owned community property. Alfredo argued that he purchased the shares in good faith and had no knowledge of the circumstances of the divorce which seems hard to believe considering the fact that he was Juan’s brother.

The trial court added Alfredo as a Party to Juan and Cendy’s divorce. A third party can be added to a divorce when the party has control of assets that belong to the community. Family Code section 2021 allows a person to be joined when they have an interest in the divorce. In addition, Rule 5.24 allows joinder for anyone who controls a community asset to be joined.

FC 2021(a): . . . the court may order that a person who claims an interest in the proceeding be joined as a party to the proceeding in accordance with rules adopted by the Judicial Council pursuant to Section 211.

Rule 5.24(c): Persons who may seek joinder
(1) The petitioner or the respondent may apply to the court for an order joining a person as a party to the case who has or claims custody or physical control of any of the minor children subject to the action, or visitation rights with respect to such children, or who has in his or her possession or control or claims to own any property subject to the jurisdiction of the court in the proceeding.
(2) A person who has or claims custody or physical control of any of the minor children subject to the action, or visitation rights with respect to such children, may apply to the court for an order joining himself or herself as a party to the proceeding.
(3) A person served with an order temporarily restraining the use of property that is in his or her possession or control or that he or she claims to own, or affecting the custody of minor children subject to the action, or visitation rights with respect to such children, may apply to the court for an order joining himself or herself as a party to the proceeding.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as joinder of a third party or any other dissolution issue such as spousal support, child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

*The names of the individuals involved come from actual court records that are part of the public record and are not clients of Trevino Law.

A third party may be added to a divorce proceeding.

A third party may be added to a divorce proceeding.

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