Ask Experts Questions for FREE Help !
Ask
    abodh's Avatar
    abodh Posts: 47, Reputation: -2
    Junior Member
     
    #1

    Dec 4, 2008, 01:50 AM
    Divorce settlement
    We have been divorced for about a year and half. It was undisputed divorce on mutual understanding in terms of property distribution. Basically, I was not going to provide her any almony and she is going to keep the property we acquired during our joint live. In terms of income, I make about $60K and she makes about $20k. I just discovered that property vallue she kept is away more than what I thought which she knew but I did not. Is there something I can re-evaluate the property and claim it?
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
    Ultra Member
     
    #2

    Dec 4, 2008, 01:46 PM

    You need to identify what state you are in.

    Concealment or non-disclosure of the value of an assest or assets in a divorce may be grounds to set aside the divorce decree, those grounds being breach of fiduciary duty.

    In California we have mandatory disclosure of assets and debts in all dissolution and legal separations. The parties are required to exchange what are called "Declarations of Disclosure" and in those disclosures the value of assets and the extent of debt is provided the other party with supporting documentation. Failure to serve the required disclosures is alone a basis to set aside a judgment. Outright misrepresentation or omissions in the disclosure process are not only a basis for a set aside but can result in the aggrieved party being awarded a concealed asset in its entirety without offset.

    So check with a local attorney. In California you would probably have a excellent chance of setting aside the judgment and having the assets fairly valued.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Dec 4, 2008, 02:42 PM

    Of course if you want to re-visit, she may want to re-visit getting support since there is such a large difference in income.

    Personal opinion, year and 1/2, move on with your life. The property you let her have, you knew what it was, had a chance to value it, was OK with her having it before.

    In the court filings, was the value of it listed lower ? I know at least here you have to list all property, valued over 1000 dollars
    davidlane's Avatar
    davidlane Posts: 6, Reputation: 1
    New Member
     
    #4

    Jan 10, 2009, 12:14 AM

    Concealment or non-disclosure of the value of an assest or assets in a divorce may be grounds to set aside the divorce decree, those grounds being breach of fiduciary duty. Find the preliminary declaration of disclosure.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Divorce Settlement [ 1 Answers ]

It will be one year this month November 2007, that I was granted a divorce from my ex husband, and in that divorce I was awarded 25% of his Gain Sharing. I have not received anything from the company yet. I have tried and tried to get somewhere with it, but no luck. I just keep getting the same...

Past due divorce settlement [ 1 Answers ]

My ex-husband and I were divorced in January 2007 and he was ordered to pay a settlement (a lump sum buyout) on July 26, 2007. He is refusing to pay based on the fact that he is trying to sell the house we lived in and doesn't have the money. I have been told that I can take him back to court for...

Divorce Settlement - what if I'm in contempt? [ 2 Answers ]

I can pay the cash portion of my settlement agreement, but I'm supposed to transfer the balance of a credit card from her to one of my cards and I don't want to. It appears the judge can hold me in contempt, but what does that mean? What can he do to me if I don't transfer it? What are the worst...

Settlement in divorce [ 1 Answers ]

Can anyone tell me what are the rights entitled to each spouse at the time of divorce? Both are working and have shared in financial front. The husband a bit more than the wife. So will he be entitled to take the bigger share of the savings? Can the wife claim for an equal share? Who will have to...


View more questions Search