Legal Question in Family Law in California

Reply: going back to court to get personal property

Without reviewing your underlying paperwork, it is impossible to advise you of your potential remedies. The court has continuing jurisdiction over omitted assets. Family Code Section 2556 states "In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding. A party may file a postjudgment motion or order to show cause in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment. In these cases, the court shall equally divide the omitted or unadjudicated community estate asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division of the asset or liability."

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

Re: going back to court to get personal property

I have seen many situations where the settlement agreement or decree divides the 401(k), but the attorneys overlook getting a QDRO to perfect it. But if the settlement is worded in such a way that the employee-spouse gets to keep it, then there is no need for a QDRO. Whether you can effectively go back for it depends on a number of things, including whether this decree was by settlement and exactly what it says. Same with the other property you want back. If you would like me to review your decree and any settlement agreement to assess whether hiring local counsel would be a wise move, I will do so for you. Just e-mail me at [email protected] if you are interested.

Although I practice mainly in Georgia, your question was referred to me because I am also a member of the California Bar.

Re: going back to court to get personal property

You need to talk to an attorney. Problems such as yours are why it is so much easier to obtain an attorney in the first place so that you know your rights and can protect them. It also saves additional court costs.

If there was no settlement covering this property and/or the court made no determination as to who the property belonged to, you may be able to bring the matter before the court.

Re: going back to court to get personal property

First of all, when was the dissolution final. Secondly, if the property you are referring to was made a part of the divorce decree, then, the person who it was supposed to go to gets to keep it. In order to do that, you must file an OSC re: Enforcement. Regarding the 401k, yes, half of that money is yours and you should have sought a QDRO. You should really consult a local attorney immediately.