This cause of action is used when the petitioner alleges that a fraudulent obligation was created with the cooperation of a third-party creditor. This material can be incorporated, if appropriate, as an integral part of the divorce pleading to be inserted as a paragraph preceding the prayer. (If the material is incorporated in the respondent’s pleading, it should be reworded to reflect that the respondent, rather than the petitioner, is the complainant.) Additional service is required on a third-party co-respondent. See the practice notes at section 3.74.
Request to Void Fraudulent Obligation to Third Party
1.Identity of Co-Respondent
Petitioner further complains of [name of co-respondent], Co-Respondent, who may be served with citation at [address, city, state].
2.Obligation
Respondent fraudulently created an obligation in favor of Co-Respondent. Respondent incurred this obligation without consideration and/or for less than reasonably equivalent value. The purpose of the indebtedness was to defraud Petitioner of community-property rights in the community estate of Respondent and Petitioner, and Co-Respondent had notice of Respondent’s intent to injure Petitioner’s rights. The obligation was incurred on or about [date], and the amount of the obligation was approximately $[amount].
3.Voiding Obligation
Petitioner prays that the Court find that the obligation was created in fraud of Petitioner’s rights in the community estate and that, after notice and hearing, the Court enter an order that the obligation is void and unenforceable.