DAVID PISARRA

Solicit Murder – Lose Your Community Property Rights

In Property Issues, Spousal Support, Strategy Issues on June 15, 2010 at 3:20 pm

From the AP:

Calif. bill would target spouses who hire hit men By CATHY BUSSEWITZ (AP)

 SACRAMENTO, Calif. The story behind the legislation reads like a movie pitch. The wife of a Southern California police detective, distraught because she had lost custody of her children, tries to hire a hit man from the Vagos motorcycle gang to kill him. Instead, gang members alert police, who disguise themselves as biker thugs and secretly tape a conversation with her, leading to the wife’s arrest and ultimate conviction for solicitation of murder. But later on, in divorce court, she is awarded half the couple’s property, even though she tried to have her husband whacked. He then calls Sacramento, determined to change the divorce law.

              A bill scheduled to be heard Tuesday in a state legislative committee seeks to close what its author says is a loophole in the state’s no-fault divorce code. In part, the legislation will specify that spouses who solicit the murder of their husband or wife are not entitled to collect financial rewards in divorce proceedings. The bill was prompted by John Pomroy, a police detective in Pomona, about 30 miles east of Los Angeles. His wife collected about $70,000 from their estate after she was released from prison in 2004.

I think this is an interesting development, and it’s great for headlines, but in reality how much time is the Legislature going to spend on this matter for what is in reality a very rare occurrence? How often does this happen? In 11 years of practicing family law in Los Angeles, Riverside, Orange and Ventura Counties, I’ve never seen it. I’ve had many a client who wanted to kill ex, ( and a few of the opposing counsels!) but most people are not this outrageously angry.

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