Marriage of Allen, In re
| Decision Date | 08 March 1984 |
| Docket Number | No. 81CA1026,81CA1026 |
| Parties | In re the MARRIAGE OF Pamela A. ALLEN, Appellee, and Roger L. Allen. United Mortgage Company, Intervenor-Appellant. . II |
| Court | Colorado Court of Appeals |
Canges, Shaver, Volpe & Licht, E. Michael Canges, Denver, for appellee.
Holme Roberts & Owen, Donald K. Bain, Spencer T. Denison, Wayne H. Hykan, Denver, for intervenor-appellant.
In this dissolution of marriage action, the intervenor, United Mortgage Company, appeals the trial court's order refusing to set aside the property settlement provisions of the decree dissolving the marriage of Pamela and Roger Allen. United Mortgage Company argues that because the marital estate consisted in part of funds stolen and embezzled from it by Roger Allen, it is entitled to a constructive trust or equitable lien on the property awarded Pamela Allen. We reverse.
The permanent orders in this case incorporated a written stipulation covering property division, child support, and maintenance. A portion of the stipulation was executed when Roger paid Pamela $90,000 in cash and executed a promissory note in the amount of $75,000, secured by a second deed of trust on the residence, payable upon a date certain or sale of the residence.
Seven weeks after entry of the orders, United Mortgage Company, Roger's employer, discovered he had embezzled funds totaling $589,823 and that a substantial portion of those embezzled funds had been used to construct and furnish the family residence. Roger promptly moved to set aside the stipulation for permanent orders on the grounds that it was the product of fraud and that he and Pamela were not the owners of the marital estate that the court had divided. Roger alleged that the divided assets had been acquired with funds he embezzled from United Mortgage Company.
Based on its claim that it had an interest in the marital property, United Mortgage was permitted to intervene and join in seeking to set aside the stipulation for permanent orders. See C.R.C.P. 24. United Mortgage sought to impose a constructive trust and an equitable lien on the cash and promissory note received from Roger by Pamela, claiming that there were proceeds of the investment of embezzled funds in the family residence. Pamela defended against United Mortgage Company's claim on the ground that she was a bona fide purchaser for value of the proceeds of the embezzled property which she had received.
The trial court found that reopening the judgment would benefit Roger, who was under a restitution agreement from the criminal court and had had...
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Gaudio v. Gaudio
... ... [23 Conn.App. 288] DUPONT, Chief Judge ... This appeal stems from an action for dissolution of marriage and fraudulent conveyance brought by the plaintiff. Arthur Gaudio, the plaintiff's former husband, was the original defendant (Gaudio). Frank ... 63 A.L.R.3d 373, Divorce-Third Parties' Claims § 2[a]; see, e.g., Long v. Long, 88 Cal.App.2d 544, 199 P.2d 47 (1948); In re Marriage of Allen, 691 P.2d 749 (Colo.App.1984); Breidenthal v. Breidenthal, 182 Kan. 23, 318 P.2d 981 (1957); Ravenscroft v. Ravenscroft, 585 S.W.2d 270 ... ...
- Marriage of Allen, In re