Legal Question in Family Law in Texas
Nondisclosure of assets
My divorce was amicable. I got an attorney and spouse did not allowing me to write the divorce stipulations and him agreeing. I have found out since divorce in 7/99 that while we were married he purchased several pieces of property, in his name, that I did not know about and he did not disclose. Do I have any recourse? I agreed to a settlement amount, which he is behind on. Do I have any recourse on this. He owns a business, 17 years, the property was recorded in his name alone not the business.
2 Answers from Attorneys
Re: Nondisclosure of assets
Yes, you may be able to go after your ex-husband to obtain your share or more of the undisclosed properties. It will depend on how your decree was written and what documents were exchanged during your divorce. It is for this reason, that even in an agreed divorce, each party should have their own attorney. The unrespresented party is at a realy disadvantage should the other party be intent on fraud. If you like any further assistance, give me a call.
Re: Nondisclosure of assets
He has committed a fraud upon you by getting you to agree to a settlement which did not consider all assets of both parties.
If your divorce was within the last year, speak with a domestic relations lawyer about a "60(b)" Motion. If more than one year old, then speak with him about a collateral action or a Petition to reopen the existing divorce.
You can enforce your rights to whatever he owes you otherwise at the same time and get a twofer for your money.
Good luck.