Legal Question in Family Law in Texas
Divorce -hidden assets
my mom was divorced 2 yrs ago and discovery was done . we knew then and we still believe now that he started hiding assets a long time ago .they were married 21 yrs . we did not ask for enough at mediation and we thought our lawyers were going to handle it .can we now persue a case because she cannot support herself? it was a no fault divorce and he got equity in the home for his portion and now we have found damage to the log home that we cannot afford to repair and he had to have known about the damage because he painted over it .she is recieving a small portion of the pension plan . we were told that she could get support and insurance but at mediation we did not think that we were doing tis without the lawyers speaking on our behalf ?so i feel we were under to much emotional strain to think clearly and we botched the mediation and she is struggling and he is living rich in tennessee with property we beleive his dad left him but was put in his sisters name also we beieve he has moved stock options and other things around so discovery could not find them . please give us some advise on if we can reopen the divorce ?
1 Answer from Attorneys
Re: Divorce -hidden assets
You probably won't like what I have to say.
Inherited assets are his sole property so putting them in his sister's name was not even necessary.
Undistributed community assets can be divided after the divorce is final if it is so stated in the final decree of divorce.
The agreements done at medation are FINAL. The judge cannot even modify them.
You can reopen the divorce for any debts or assets that were hidden at the time of divorce.
However, many people don't get what they want at the time of divorce and the burden will be on you to prove why the undistributed assets should now be divided.
IF you are unhappy with the division, again, it's too late to reopen it.
Sorry!