Darden v. Darden, Barnstable Probate Docket No. BA09D0158DR
Oct 15, 2009OUTCOME: Plaintiff's Motion to Dismiss denied. Defendant entitled to amend her trust during the pendency of the divorce.
“At the center of the Court’s inquiry must be whether Wife has transferred, disposed of, or conveyed an actual property interest of hers, with particular inquiry as to whether said transfer places the ... assets out of reach for division of the estate. … Clearly, Wife’s personal interest in the home has not been transferred, disposed of or conveyed, nor has title changed. While she has changed the precise manner in which Husband may receive the asset should she die prior to the finalization of the divorce, she has not placed the assets beyond the reach of the Court for the purposes of equitable distribution. Wife’s restatement of her trust changes only the Husband’s expectancy of a future interest, said interest of which was always subject to divestment. …” Lawyers Weekly No. 15-001-09.
