Undeclared assets of the marriage

[JMiskovich]

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

I just became aware that my ex signed an Exclusive songwriters agreement with SONY. More than half the songs on the contract agreement were copy written during our marriage but these assets never disclosed inthe divorce trial. Can I reopen the decree and ask a judge to divide the assets according to Hawaii laws?

 

[Proserpina]

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

I just became aware that my ex signed an Exclusive songwriters agreement with SONY. More than half the songs on the contract agreement were copy written during our marriage but these assets never disclosed inthe divorce trial. Can I reopen the decree and ask a judge to divide the assets according to Hawaii laws?

Edited: Hawaii is an odd duck. Please standby as there is quite a bit of ambiguity in what is and isn't an asset and future earnings/royalties therein..

How long ago was the decree finalized?

 

[Proserpina]

There does seem to be ample case law supporting the notion that intellectual property is a marital asset and should/may be divided, including future earnings and royalties. On the other hand, much may depend on when during the marriage the original work/effort was made, the nature of the property itself and in your case OP, the timing of the divorce.

With that in mind, I think you need to consult with an attorney familiar with this aspect of asset division - intellectual property can be a terrifically complex little monster.

 

[mistoffolees]

There does seem to be ample case law supporting the notion that intellectual property is a marital asset and should/may be divided, including future earnings and royalties. On the other hand, much may depend on when during the marriage the original work/effort was made, the nature of the property itself and in your case OP, the timing of the divorce.

With that in mind, I think you need to consult with an attorney familiar with this aspect of asset division - intellectual property can be a terrifically complex little monster.

In addition, before talking with the attorney, OP needs to think about proof. Can she prove that half of the songs were written during the marriage?

 

[Proserpina]

In addition, before talking with the attorney, OP needs to think about proof. Can she prove that half of the songs were written during the marriage?

Good point!