Came to an agreement at mediation in all matters. Had the pet listed as property; basically wife bought our husband in his share of property. When we came to an agreement the attorneys said she gave the pet away. Now, 4 months later, it appears that she never did give the pet away and lied about it and pet is in her possession. Is there any legal recourse now since the property settlement has been done? If she lied about the property at mediation would that be a contempt since it’s signed by the judge?
There could be a basis for re-opening the issue based on fraud if it can be proven that she kept the dog.
In the case of Searcy v. Searcy, the Court of Appeals found that there was an issue of fact with regard to constructive fraud when the husband failed to disclose the existence of promissory notes for two particular beach lots that were sold during the marriage. The issue was whether there a fiduciary duty existed between the parties. When the parties originally divided their assets, the husband failed to disclose the existence of two promissory notes for Lots 17 and 18 and wife never knew that they existed. The subsequent separation agreement made no mention of notes for Lots 17 and 18. The Court of Appeals found that the fiduciary relationship between husband and wife still existed at the time the Defendant husband first failed to disclose the purchase money notes. Therefore, wife had a claim for constructive fraud.