QUESTION
Will I get the award for entire financial account if spouse does incomplete disclosure?
Asked on Jul 08th, 2014 on Divorce - California
More details to this question:
Ex-spouse does not disclose all financial accounts in her PDD despite multiple reminders over years in discovery phase. What is the definitive legal process I should use to ensure those assets are excluded from community property claim, and so that I get all the money held in those accounts that she did not disclose in her PDD? I have one or two of her prior account statements from marriage years to support that.
2 ANSWERS
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
Sorry, at most those will be divided equally. At worst if they were acquired by her before marriage they could be her separate property. CA does not have fault. Maybe you can get some attorney fees for doing the discovery.
Answered on Jul 10th, 2014 at 5:58 PM
If the accounts were not mentioned at all then you can reopen the matter to have them divided. If you can prove deliberate concealment then you can seek recovery of your expenses for having to take the matter back to court but it is not likely that the court will award the entire account to you. You should consult a family law attorney to review all of the facts and documents and advise you how best to proceed.
Answered on Jul 09th, 2014 at 5:33 PM