i got divorced almost three years ago when we settled he recieved all of the moneys in our bank accounts i had been hospitalized twice i had a nervous breakdown it was a marriage of twenty seven years and alot of domestic abuse now that i am better i dont understand why my layer just let this slide what can i do can i reopen the case we are in the process of amending the asset of the house because he got that to so we are going back to court next month can the moneys in the accounts be brought up with the home
Thank you for your question.
Why are you going back to court regarding the house? What type of motion was filed (a motion to reopen)?
spousal support modification
How is the issue of the house being included in the spousal support modification?
first we are going to settle the spousal support issue then my attorney is going to address the home we lived on an indian reservation and built a very nice home at the time in court the judge said she didnt no anything about indian law and it was just dropped the home was not listed in our divorce settlement
If your attorney is going to file a motion regarding the home, some type of motion regarding the bank account would be proper at that time as well. Normally the court will not reopen a case and re-determine the property distribution. However, if the court omitted certain property in error, or if a party misrepresented the existence of an asset or hid an asset, it would be proper to have the matter reopened so the court can assign those assets.
If you or your attorney knew of the bank accounts and failed to make any claim to them, it is unfortunately not likely that a court would allow you to make a claim to them now.
I hope this answers your question. Please let me know if you have any follow-up questions.
Divorce, child custody, child support, etc.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).