Valdivia v. Valdivia, 91-1438
| Decision Date | 18 February 1992 |
| Docket Number | No. 91-1438,91-1438 |
| Citation | 593 So.2d 1190 |
| Parties | 17 Fla. L. Weekly D514 Isabel VALDIVIA, Appellant, v. Esther Fajardo VALDIVIA, Appellee. |
| Court | Florida District Court of Appeals |
Raquel Puig Zaldivar; Nancy Schleifer, for appellant.
Lucrecia Granda, for appellee.
Before NESBITT, FERGUSON and GERSTEN, JJ.
Appellant Isabel Valdivia, the ex-wife of decedent, Jose Valdivia, M.D., claims the remainder of her lump sum alimony against his estate. She argues that the only substantial asset owned by the doctor from the time of the couple's 1985 divorce until the doctor's death in 1990 was his successful medical practice, Belo Medical Center, and that this asset was fraudulently conveyed to defeat her claim. Finding appellant had failed to state a cause of action for fraudulent conveyance, the trial court denied her petition to void the conveyance and denied her motion to declare the Center part of the estate. We reverse upon the following analysis.
Appellant's petition alleged that at the time of the dissolution of the couple's long-term marriage, the trial judge made a finding that during the marriage the doctor had developed the Center and had been 100% owner of all Center stock until six years earlier when he transferred 25% of the stock to his friend Esther Fajardo. The court found that the Center provided the doctor with income in excess of $150,000 per year. In its final judgment granting dissolution, the court awarded the remaining 75% interest in the Center to the doctor and awarded appellant lump sum alimony of $250,000 to be paid out in monthly installments. The order provided:
g. The above awards of lump sum alimony shall constitute a claim against the Estate of the Husband....
5. The parties shall forthwith execute any and all documents and take such other actions as may be necessary to accomplish and comply with the terms of this final judgment.
In June 1987, two and one-half years after the divorce decree, and two weeks prior to his marriage to Fajardo, the doctor transferred his interest in the Center to himself and Fajardo, as joint tenants with right of survivorship. In April 1990, several weeks before the doctor's death, Fajardo Valdivia, executed a transfer of the 75% stock interest to herself individually. After the doctor's death, when appellant filed a petition for administration, she alleged that $133,332.96 of the lump sum alimony awarded her remained unpaid. She further alleged that at the time of...
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Havoco of America v. Hill, 97-2277
...conveyance law has been properly applied to situations involving tenancies by the entireties." Id. at 7 (citing Valdivia v. Valdivia, 593 So.2d 1190, 1192 (Fla.Dist.Ct.App.1992)). Thus, Havoco did have a valid basis to challenge Hill's conversion of non-exempt assets into assets exempt as j......
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In re Davis
...by the entireties property. See, e.g., Thomas J. Konrad & Assoc., Inc. v. McCoy, 705 So.2d 948 (Fla. 1st DCA 1998); Valdivia v. Valdivia, 593 So.2d 1190 (Fla. 3d DCA 1992); Hurlbert v. Shackleton, 560 So.2d 1276 (Fla. 1st DCA 1990). The transfer of assets into the Brightwaters Home has not ......
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Camus v. Prokosch, 1D04-1620.
...court should not have allowed these transfers to reduce the father's obligations to his child. See generally, Valdivia v. Valdivia, 593 So.2d 1190, 1192 (Fla. 3d DCA 1992) ("The law is clear that a debtor may not transfer property owned by himself, individually, to himself and his wife as t......
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Thomas J. Konrad & Associates, Inc. v. McCoy, 97-295
...the entireties if such a transfer will defraud creditors by putting that property beyond the creditors' reach." Valdivia v. Valdivia, 593 So.2d 1190, 1192 (Fla. 3d DCA 1992). Appellant's response to McCoy's motion to quash the writ was that the funds in the account had been paid to McCoy, i......