Sahin v. Sahin

Selcuk Sahin (plaintiff) and Kenan Sahin (defendant) divorced in May 1996. The significant marital asset was Kenan’s computer company, Kenan Systems Corporation (KSC). At trial, each party presented expert testimony regarding the fair market value of KSC. Kenan submitted a balance sheet, prepared by a KSC comptroller, showing actual revenue from January–June 1995 and projected revenue through December 1995. Selcuk did not depose the comptroller regarding the basis for the projections, did not move to obtain KSC’s confidential licensing contracts, and did not request information about future contracts. The probate and family court judge valued Kenan’s interest in KSC at $4.9 million and, because Selcuk requested a cash payout, ordered Kenan to pay Selcuk 30 percent of the value in cash installments. In January 1999, KSC was bought out for $1.48 billion. Selcuk sued for relief from the divorce judgment pursuant to Massachusetts Civil Procedure Rule 60(b) and on equity grounds, arguing that Kenan’s fraud and omissions during the divorce process prevented Selcuk from accurately valuing KSC and that Kenan committed a fraud on the court. Kenan moved for summary judgment, arguing Selcuk’s claims were factually and legally insufficient and that her claim was time-barred. The probate and family court dismissed, and Selcuk appealed.