Is there a time limit on IVA fraud or hiding assets. My wife transferred her property to her brother around May 2008 and then they filed for an IVA. Her brothers solicitors have acted on their behalf and may have been in on the transfer.
Our marriage was in difficulties at the time so all this was done behind my back. I only came to know in November 2013 when we filed for divorce. She is still paying off her debts under a voluntary agreement. However the house had more than enough equity to settle all debts. Her brother wanted the house so had it transferred at no consideration.
I could well be wrong, but if the transfer of property took place prior to the IVA being proposed then I don't see why this would be fraudulent from an IVA perspective? I disposed of property assets prior to entering my IVA so that I could settle debts that I didn't want to be included in my arrangement.
From the point of view of your divorce then she could well have acted fraudulently in disposing of marital assets -make sure your solicitor is aware.
"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."
If this was disclosed in the IVA then there is nothing that can be done.If not disclosed the IVA is potentially invalid and your ex wife could be prosecuted.
As Michael states if the asset was not declared when entering the IVA then she could be liable to prosecution as an IVA is a formal insolvency agreement, as is bankruptcy