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Law Girl
Law Girl, Family Law Attorney
Category: Family Law
Satisfied Customers: 4606
Experience:  I have a law practice that is largely dedicated to family law matters.
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Dissolution with spouse for 2 1/2 years spouse hiding

Customer Question

Dissolution with spouse for 2 1/2 years spouse hiding assets over $230,000.00, which first showed up on Income and Expense Form FL-150 in California, then again in a loan document as my spouse tries to buy me out of the house our children are being raised in spouse clearly hiding assets can I request damages be awarded me specifically, I request the same house be awarded to me including my spouses equitable marital share of equity in this home as damages to me, and I desire to continue to raise kids in same house?
Submitted: 9 years ago.
Category: Family Law
Expert:  Law Girl replied 9 years ago.


Thank you for your question.

If your spouse is hiding assets, you may have a claim against him for breaching a fiduciary duty. However you would need to prove this. In order to prove this you would need to go beyond an asset search, you need an attorney who is versed in voluminous discovery. The attorney needs to know what type of paper trail needs to be followed to find the assets. An asset search will not necessarily reveal everything if assets have been craftily hidden.

The reason your attorney may be urging you to let the house go could be attributable to the debt ratio you may need to absorb if you try to get half of the assets across the board.

Given any equity in the home in this climate, you may not be able to appeal to the Judge to cease an order to sell/refinance or buy out the home. It really sounds like this case will need to go through trial.

If you feel you are being disrespected, then you need an effective advocate that you feel comfortable with. However, it is apparent that this case requires effective and knowledgeable counsel.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!