Legal Question in Family Law in Minnesota
hidden stocks
I was divorced form my husband in 1970. I just found out that during the time we were married he was buying stocks. This was not brought up during the divorce. He recently cashed in over half a million in stocks. So, he was useing my half to make money all these years. Is there anything I can do about this now?
2 Answers from Attorneys
Re: hidden stocks
The parties cannot generally reopen a divorce decree more than one year after the divorce was final. That's the general rule for most cases. Despite that, it is possible to reopen a divorce after one year in certain, extreme cases involving fraud on the court. Such cases are highly unusual, and involve fairly elaborate or remarkable deception.
It is theoretically possible the decree could be reopened, if there was such an elaborate fraud on you and on the court that could not have been discovered until today. In fact, there are cases that have dealt with fraud more than a year after the divorce, and in which a decree has been reopened. But even then, the possibility of making that argument so long after your divorce was entered is extremely remote.
Re: hidden stocks
Although a divorce case may not be reopened after one year, you may still have a cause of action on teh basis of fraud. Whether the fraud in your case rises to the level necessary would require a detailed review of the facts surrounding your divorce including: (1) whether each party was represented by counsel; and (2) whether discovery was performed; (3) when you becamme aware that he had stock that was not disclosed.
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