Legal Question in Family Law in California

ommitted assets

The marriage lasted 15 years. There were many properties that were discussed at trial. The judge found that all of properties purchased during the marriage were traced back to a partnership formed before marriage. My former H had no formal partnership agreement with any partner and all properties at separation were acquired during the marriage. The properties were never purchased by a partnership but by my former H personally. I signed quitclaims BEFORE escrow closed on every property quitclaiming the property to him for business purposes. I have no idea why I would have to sign quitclaims if properties were truly prchased by a partnership as my ex could buy and sell property without me in the name of a partnership. My ex and i did not have a pre-nup or any agreement whatsoever that the properties would belong to him or any partnership.. The judgement only confirms one half ownership of a partnership as H separate property butno property is not named in the judgement by address or legal description. There is no specific finding in the judgement on any property or corp purchased during the marriage which I claimed to be community property. Do I have a basis to go back in on ommitted assets as per CCP2556.


Asked on 11/08/04, 10:47 pm

2 Answers from Attorneys
Geoffrey Sutliff Geoffrey A. Sutliff, Attorney at Law

Re: ommitted assets

Although no formal partnership agreement existed, the court can still recognize a partnership relationship. The title company required that you sign over the quitclaim deed as his spouse to prevent any claim to title being placed by you at a later time. If the court determined that, through tracing or by way of quitclaim deed, the property was his separate property, you will have a hard time overcoming that determination. I know hindsight is 20/20, but I hope you had an attorney through the divorce proceedings. You should definitely run this by an attorney in person to determine the best course of action. Based on what you wrote, it doesn't appear you have much to appeal.

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Answered on 11/09/04, 1:42 pm
Doris Mei Divorce Services Group

Re: ommitted assets

If you were represented by an attorney during trial and the trial court made its decision based on all of the evidence presented, then there isn't much to appeal. If you did not have an attorney, then I recommend that you consult with one and discuss the situation in more detail to determine your next step.

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Answered on 11/09/04, 8:07 pm


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