Goold v. Superior Court
A husband agreed to an in court settlement and he was ordered by the court to transfer the house to his wife. After the court hearing, but before the written orders were filed, he took out an additional $250,000 in mortgages, sold the house to a third party and pocketed the proceeds. He was found guilty of contempt of court and sentenced to just a little over two weeks in jail. The husband appealed the decision and the appellate court affirmed the trial court’s decision.
The appellate court said the husband was guilty of violating California’s Automatic Temporary Orders which are on the back of every Summons which is issued when someone files for a divorce.
This is a good time to remind everyone that when you file for the dissolution of a marriage or a registered domestic partnership in California that you are immediately restrained from:
1. Removing the children out of the state;
2. Cashing in, borrowing against, or canceling any insurance policies;
3. Selling any assets.
Once the Summons is served on the other side, these restraining orders are also binding on her or him.
The Automatic Temporary Restraining Orders did not exist in California prior to 1993. They were enacted because people used to file for divorce and then leave with the kids or try to conceal or sell assets. We used to, and still do, get orders requiring people to return the children or put back the asset they squirreled out of the community. But, for the last 13 years, we have also been able to ask the court to put them in jail. The Goold case is a good reminder to everyone that the orders on the back of the California Summons mean business and they can mean jail time if violated.
About the $250,000.00 - did the husband have to give it up? On this point the documents are silent …
