hidden assets

[needtobefree]

What is the name of your state (only U.S. law)? CA

My soon to be ex-wife did not declare her bank-account and inherited property in Canada. We've been married and living in San Diego CA for 32 years and she 'conveniently' left those items out in the property declaration.

Do I have the right to tell her to add them? Or can she withhold those assets from the divorce?

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

My soon to be ex-wife did not declare her bank-account and inherited property in Canada. We've been married and living in San Diego CA for 32 years and she 'conveniently' left those items out in the property declaration.

Do I have the right to tell her to add them? Or can she withhold those assets from the divorce?

Inherited property is separate property and is not subject to division in a divorce unless it has been co-mingled with marital property.

A CA court also wouldn't have jurisdiction over property located in another country.

Unless there is a reason to prove that she has separate assets (ie she is asking for alimony) it may not be anything worth litigating over.

 

[mistoffolees]

Inherited property is separate property and is not subject to division in a divorce unless it has been co-mingled with marital property.

A CA court also wouldn't have jurisdiction over property located in another country.

Unless there is a reason to prove that she has separate assets (ie she is asking for alimony) it may not be anything worth litigating over.

However, if the bank account is marital and if it's significant, it might be worth reporting it to the court (probably in the form of a motion to show cause or perhaps a subpoena). Judges don't like people hiding assets and it might affect the division of the rest of the property. A simple subpoena shouldn't cost that much.

 

[LdiJ]

However, if the bank account is marital and if it's significant, it might be worth reporting it to the court (probably in the form of a motion to show cause or perhaps a subpoena). Judges don't like people hiding assets and it might affect the division of the rest of the property. A simple subpoena shouldn't cost that much.

True, but I suspect that the bank account is related to the inheritance...or was possibly even premarital. Its kind of inconvenient to have a bank account in another country.

 

[needtobefree]

She inherited a vacant lot which is not an issue for me if she is entitled to sole ownership, however, her bank account is under her married name and she has had it early on in our marriage. Whatever huge salary she got out of her job- she kept the money and I was the one paying for every expense since I also had a good salary since recently when I lost my job a year and a half ago. I did not mind then, but now I am also struggling and with a home up for foreclosure.

 

[LdiJ]

She inherited a vacant lot which is not an issue for me if she is entitled to sole ownership, however, her bank account is under her married name and she has had it early on in our marriage. Whatever huge salary she got out of her job- she kept the money and I was the one paying for every expense since I also had a good salary since recently when I lost my job a year and a half ago. I did not mind then, but now I am also struggling and with a home up for foreclosure.

Of course any bank account she has now would be in her married name (her legal name). If you believe that she deposited marital funds into that bank account, then you do have the right to insist that it be disclosed. Her salary while married would be marital funds. Gifts or inherited funds would not be.

 

[Ohiogal]

Of course any bank account she has now would be in her married name (her legal name). If you believe that she deposited marital funds into that bank account, then you do have the right to insist that it be disclosed. Her salary while married would be marital funds. Gifts or inherited funds would not be.

Unless they were comingled with marital funds and they don't pay someone for tracing.