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My EX OMITTED ASSETS which I have become aware of. What recourse do I have?
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Topic: My EX OMITTED ASSETS which I have become aware of. What recourse do I have? (Read 234 times)
malex
Newbie
Posts: 2
My EX OMITTED ASSETS which I have become aware of. What recourse do I have?
«
on:
January 19, 2010, 01:46:18 AM »
I have just figured out that my ex spouse OMITTED ASSETS in the divorce so the assets were not fully divided fairly or accurately.
This occurred in Nevada.
Any input on what steps I can take to RE-OPEN the Case to address those assets?
Also, if the assets have been used up or lost value, what recourse does that give me?
Thanks for your input.
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m_t
Moderator
Hero Member
Posts: 12063
Re: My EX OMITTED ASSETS which I have become aware of. What recourse do I have?
«
Reply #1 on:
January 19, 2010, 06:08:31 AM »
How long ago was your divorce finalized?
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Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner
, Khaled Hosseini
Jade
Jr. Member
Posts: 95
Re: My EX OMITTED ASSETS which I have become aware of. What recourse do I have?
«
Reply #2 on:
January 19, 2010, 06:34:47 AM »
Whether or not you have recourse is going to depend on if you can prove that a reasonable search wouldn't have turned them up during the process. Just how did you find them?
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malex
Newbie
Posts: 2
Re: My EX OMITTED ASSETS which I have become aware of. What recourse do I have?
«
Reply #3 on:
January 19, 2010, 05:03:54 PM »
The final divorce was finalized in May 2007.
I found a copy of an old tax return, we filed "Married Filing Separately," I found some account numbers for some assets that were not disclosed in the PCPD,
Proposed Community Property Division of Assets.
I had no access to any accounts as I had moved out and it was not provided. My attorney requested copies of all the documents as was requested from me,
which I had provided.
When the information of assets were requested, there were 2 Investment accounts that were omitted that may have been in their name alone,
and since I had no copies of it, my attorney nor I did not ask for those accounts specifically.
In the final divorce decree, references to accounts were made, and stated that all bank accounts in their name would remain theirs.
There is a reference to the Investment accounts for both parties, BUT, the TWO Investment accounts that were omitted, were not addressed anywhere.
Since I was not given access to the files, and since the attorney was not provided the asset information even though we requested it,
didn't we comply with disclosure requests?
And since the assets were PURPOSELY OMITTED, doesn't this possibly now make it a FRAUDULENT case?
I am not seeking more, I just want what was rightfully right and due me.
Also, how do I go about doing this with an Attorney so it costs me as little as possible and it's taken care of
as quickly as possible?
THANKS FOR YOUR HELP!
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TC
Hero Member
Posts: 5769
Re: My EX OMITTED ASSETS which I have become aware of. What recourse do I have?
«
Reply #4 on:
January 19, 2010, 05:48:09 PM »
You are talking something that happened almost three years ago and deals with an agreement/decree/settlement that you signed and aparently were happy with at the time. I'm doubtful that you will find any court that will seriously entertain any action on this matter and especially if you don't have proof that the accounts existed before the divorce and continue to exist today.
Bottom line, your best bet will be to discuss with an attorney who is familiar with the local courts. As for cutting costs....the best way I know is to do as much research on your own to educate yourself.....other than that, expect a good attorney to cost anywhere from 150.00 to 400.00 depending on local. That is just the cost of doing business.
TC
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Don't ask unless you want my honest opinion. I'm not here to hold hands and I don't pull punches.
Jade
Jr. Member
Posts: 95
Re: My EX OMITTED ASSETS which I have become aware of. What recourse do I have?
«
Reply #5 on:
January 19, 2010, 06:44:50 PM »
Quote from: malex on January 19, 2010, 05:03:54 PM
The final divorce was finalized in May 2007.
I found a copy of an old tax return, we filed "Married Filing Separately," I found some account numbers for some assets that were not disclosed in the PCPD,
Proposed Community Property Division of Assets.
I had no access to any accounts as I had moved out and it was not provided. My attorney requested copies of all the documents as was requested from me,
which I had provided.
Sounds like you could have reasonably found the accounts. It was on an old tax return that you had access to. Or could have requested to get copies of. You aren't going to get anywhere with this.
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m_t
Moderator
Hero Member
Posts: 12063
Re: My EX OMITTED ASSETS which I have become aware of. What recourse do I have?
«
Reply #6 on:
January 19, 2010, 08:10:10 PM »
Quote from: malex on January 19, 2010, 05:03:54 PM
In the final divorce decree,
references to accounts were made, and stated that all bank accounts in their name would remain theirs.
There is a reference to the Investment accounts for both parties, BUT, the TWO Investment accounts that were omitted, were not addressed anywhere.
Apparently the accounts were referred to, but neither you nor your lawyer did anythign to find out what they were prior to agreeing to the wording of the final order. I agree with TC and Jade - you're pretty much outta luck.
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Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner
, Khaled Hosseini
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