Question about property not reported during divorce proceedings

[criticalthinker]

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

Some time has elapsed since our divorce (in a few months it will be two years). Apparently some property was not reported by my ex in a financial affidavit and I have no idea if I have a right to any of it now. While it is my fault for not being aware of (or able to recall) every bit of property that was in our possession at the time we separated, is it not our responsibility to report our property accurately on our separate affidavits?

Is there a time limit on being able to pursue it?

Thanks in advance.

 

[nextwife]

Do you have any idea if this was a marital asset, or a premarital asset, gift or inheritance?

 

[criticalthinker]

Good afternoon nextwife,

It was purchased by my ex in the last decade of marriage, so several years ago. Valued somewhere around $20k. Unfortunately it just slipped my mind with all that was going on during the divorce process. And when I was made aware of it again recently I realized it had never been included on my ex's financial affidavit.

 

[nextwife]

Good afternoon nextwife,

It was purchased by my ex in the last decade of marriage, so several years ago. Valued somewhere around $20k. Unfortunately it just slipped my mind with all that was going on during the divorce process. And when I was made aware of it again recently I realized it had never been included on my ex's financial affidavit.

What funds were used? I've bought real estate, for example, during my marriage, and have used only premarital funds to acquire and repair, never used marital funds, so it is still non marital property. Did he use marital or non marital funds? When you say valued at $20,000, is there any debt against it? What is the equity?

 

[criticalthinker]

Unless there were funds of which I was not aware, then the money came from our bank account. There is no debt against it, but it may have depreciated/appreciated substantially in value since the purchase.

While researching marital versus non-marital property, etc, I found the following statement online:

"Before any property can be split, the marital estate must first be identified. Massachusetts takes a very broad view of what assets are divisible in divorce. The statute allows the court to award either the husband or the wife “all or any part of the estate of the other.” Thus, the property subject to division is not limited to only property obtained during the marriage, but includes all property, no matter how it was acquired. Basically, everything is on the table, including real estate, personal property, retirement benefits, legal and equitable interests in property (for example stock options), and gifted and inherited assets."

I'm not sure of the original source for that statement so I do not know if it is accurate. If it is, it seems there may be no distinction between the two (marital and non) in MA.

 

[Ohiogal]

Unless there were funds of which I was not aware, then the money came from our bank account. There is no debt against it, but it may have depreciated/appreciated substantially in value since the purchase.

While researching marital versus non-marital property, etc, I found the following statement online:

"Before any property can be split, the marital estate must first be identified. Massachusetts takes a very broad view of what assets are divisible in divorce. The statute allows the court to award either the husband or the wife “all or any part of the estate of the other.” Thus, the property subject to division is not limited to only property obtained during the marriage, but includes all property, no matter how it was acquired. Basically, everything is on the table, including real estate, personal property, retirement benefits, legal and equitable interests in property (for example stock options), and gifted and inherited assets."

I'm not sure of the original source for that statement so I do not know if it is accurate. If it is, it seems there may be no distinction between the two (marital and non) in MA.

There is a difference and distinction. And if you knew about it then he did not commit fraud. What proof do you have that he purposely did not disclose it? And why was it not on YOUR affidavit if it was marital property?

 

[criticalthinker]

Hi Ohiogal,

Thank you for the clarification. As I wrote, I wasn't sure if the statement was accurate. So it appears it is not.

I'm not claiming any sort of fraud. Call it our forgetfulness. At the end of the day it didn't appear on either of our financial affidavits. I certainly wasn't aware that, having moved into a separate dwelling with my "property", I could include (in my affidavit) property that was marital but not physically in my possession. Perhaps part of the problem was our decision to represent ourselves back then. I am sure an attorney would have pointed this out to me/us.

So I am here asking if it is possible to now address the division of property that was marital, but not originally included in our affidavits due to our own fault. Or is it now too late to bring this to the Court's attention?

There is a difference and distinction. And if you knew about it then he did not commit fraud. What proof do you have that he purposely did not disclose it? And why was it not on YOUR affidavit if it was marital property?

 

[mistoffolees]

So I am here asking if it is possible to now address the division of property that was marital, but not originally included in our affidavits due to our own fault. Or is it now too late to bring this to the Court's attention?

In all likelihood, it's too late.

Generally, the courts will re-open property division agreements for fraud. If, for example, your ex had taken money from the bank accounts and hidden it in a separate account in his own name - and then not disclosed it, there would be a chance to re-open the settlement after discovering the fraud for you to claim your share. But since both of you knew about this property, no fraud has occurred.

You could ask a local attorney for an opinion based on how your judge tends to rule, but it's a long shot.

 

[criticalthinker]

Thank you mistoffolees,

I thought that might be the case. Thank you for confirming it for me. Now what I hoped to hear, but reality nonetheless.