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-   -   Divorce settlement (https://www.askmehelpdesk.com/showthread.php?t=288188)

  • Dec 4, 2008, 01:50 AM
    abodh
    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?
  • Dec 4, 2008, 01:46 PM
    cadillac59

    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.
  • Dec 4, 2008, 02:42 PM
    Fr_Chuck

    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
  • Jan 10, 2009, 12:14 AM
    davidlane

    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.

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