Comments on: Remedies for omitted or hidden assets in divorce

By: Tulsa Divorce Attorney

Tulsa Divorce Attorney — Sun, 11 Dec 2011 19:19:24 +0000

I’m glad that the court is given the authority to hand out harsher remedies in the event an asset was intentionally concealed – the nonconcealing spouse deserves justice in those cases.

By: admin

admin — Tue, 29 Mar 2011 03:33:26 +0000

ORS 107.452 addresses this issue. The text of the statute is as follows. This is a technical legal process and you should consult with a lawyer at the very least.

107.452 Reopening case if assets discovered after entry of judgment. (1) A court that entered a judgment of marital annulment, dissolution or separation shall reopen the case upon the motion of either party if the moving party alleges that significant assets belonging to either or both of the parties:
(a) Existed at the time of the entry of the judgment; and
(b) Were not discovered until after the entry of the judgment.
(2) If the court finds that the assets were inadvertently omitted from the distribution of the marital estate, the court shall make such distribution of the omitted assets as is just and proper in all the circumstances.
(3) If the court finds that the assets were intentionally concealed and thereby not included in the distribution of the marital estate, the court may order:
(a) The division of the appreciated value of the omitted assets;
(b) The forfeiture of the omitted assets to the injured party;
(c) A compensatory judgment in favor of the injured party;
(d) A judgment in favor of the injured party as punitive damages; or
(e) Any other distribution as may be just and proper in all the circumstances.
(4) The court may award attorney fees on any motion filed pursuant to this section. The court shall award attorney fees to the moving party if the court finds that assets were intentionally concealed and thereby not included in the distribution of the marital estate.
(5)(a) A motion alleging inadvertent omission of assets must be filed within two years after the date of discovery of the omission but no later than three years after the entry of the judgment.
(b) A motion alleging intentional concealment of assets must be filed within two years after the date of discovery of the omission but no later than 10 years after the entry of the judgment.
(6) A motion under this section may be filed with and decided by the trial court during the time an appeal from a judgment is pending before an appellate court. The moving party shall serve a copy of the motion on the appellate court. The moving party shall file a copy of the trial court’s order in the appellate court within seven days after the date of the trial court order. Any necessary modification of the appeal required by the trial court order shall be pursuant to rule of the appellate court. [1995 c.800 §6]

By: Chuck Wilcox

Chuck Wilcox — Mon, 28 Mar 2011 20:47:17 +0000

Hi, I am wanting to know if i can file an application to reopen a divorce case without a lawyer? I have discovered an undisclosed asset either omitted intentionally or not (a check in the amount of $20k) made payable to both of us from an insurance co. My wife at the time took and cashed or deposited it in an account. After receiving a copy of this check, I noticed she also forged my signature on the back. I am wanting to file with the court the correct paperwork to try to get some of this money. I have looked up the deadline dates in Oregon and found that I have 2 years to reopen from the divorce date. The divorce date was April 15th 2009. What can I do? If I need representation is this costly?

By: admin

admin — Wed, 26 Jan 2011 16:18:44 +0000

Robert: Your case sounds more like a mistake regarding what was agreed to vs. a hidden asset. I would have to know more about the facts of your case, but given that there was a mediated agreement, (admittedly vague), and a judicial ruling dealing with the life insurance issue, a motion to reopen the divorce case based on the cash value being a hidden asset would not be taken well by the court.

By: Robert D.

Robert D. — Wed, 26 Jan 2011 02:33:27 +0000

During mediation (9-13-10) we agreed that each other would get their respective life insurance and stated in the mediation agreement “life Insurance”. In the final decree it stated “life insurance including cash value” (1-19-11). I remembered that the cash value was not divided (whole life). I researched the policies and showed the attorney it was a separate account and treated like cash, even found case law to show cash value can be divided. I was told to forget it family law looks at it differently. I insisted the court decide and it was thrown out there as well. I feel due to presentation by the attorney since he told me it would not work and I had to sign the decree at the hearing. I do not understand how this matter can be ignored and she ends up with a significant amount more by not listing the asset on the discovery. I was told if assets were not listed in discovery that it is against the law. I am in Texas. Can anything be done concerning the additional asset?

By: Anonymous

Anonymous — Thu, 23 Sep 2010 22:18:09 +0000

My mother signed a divorce with my father around 1998. She was living in Oregon then and still does. Their divorce was signed in Oregon. They had an overseas property , which used to belong to both of them. My father told me that during the divorce the property was registered in someone else’s name. So, the house wasn’t listed in the divorce settlement.

Earlier this year, my father was in court about the repossession of this same house and for lost rental income. I asked him if he would have a problem proving his right to own this house, since he transferred it to someone else during the divorce. He told me in an email that he never followed through with that action. The court documents also have him stating that he owned the house since about 7 years before the divorce with my mother and until the present. He also stated that no one else owned the property during this time period.

It just came to attention this year that my father purposely hide this house during the divorce. So, I am wondering, does my mother have grounds to reopen this divorce and sue for possession of the house and for a lost rental income?

By: admin

admin — Mon, 25 Jan 2010 02:45:06 +0000

Thanks for your comment! In our experience, this is seldom done in Oregon, but is always an option.

By: A Private Investigator

A Private Investigator — Sun, 24 Jan 2010 08:41:45 +0000

Sometimes it is necessary to hire a private investigator to discover assets that have been hidden using a corporate veil.

By: admin

admin — Sat, 23 Jan 2010 22:07:13 +0000

The consequences for deliberately hiding assets during a divorce are covered under statutory law. Specifically ORS 107.452, which is copied below. The issue you are describing is more of a discovery issue. First, you should consult your attorney. Second, if discovery has been properly requested and not produced a motion to compel can be filed. The issue before the court would be whether or not the asset information relates to the reasons for the initial provision of support and/or the current change in circumstances.

ORS 107.452 Reopening case if assets discovered after entry of judgment. (1) A court that entered a judgment of marital annulment, dissolution or separation shall reopen the case upon the motion of either party if the moving party alleges that significant assets belonging to either or both of the parties:

(a) Existed at the time of the entry of the judgment; and

(b) Were not discovered until after the entry of the judgment.

(2) If the court finds that the assets were inadvertently omitted from the distribution of the marital estate, the court shall make such distribution of the omitted assets as is just and proper in all the circumstances.

(3) If the court finds that the assets were intentionally concealed and thereby not included in the distribution of the marital estate, the court may order:

(a) The division of the appreciated value of the omitted assets;

(b) The forfeiture of the omitted assets to the injured party;

(d) A judgment in favor of the injured party as punitive damages; or

(e) Any other distribution as may be just and proper in all the circumstances.

(4) The court may award attorney fees on any motion filed pursuant to this section. The court shall award attorney fees to the moving party if the court finds that assets were intentionally concealed and thereby not included in the distribution of the marital estate.

(5)(a) A motion alleging inadvertent omission of assets must be filed within two years after the date of discovery of the omission but no later than three years after the entry of the judgment.

(b) A motion alleging intentional concealment of assets must be filed within two years after the date of discovery of the omission but no later than 10 years after the entry of the judgment.

(6) A motion under this section may be filed with and decided by the trial court during the time an appeal from a judgment is pending before an appellate court. The moving party shall serve a copy of the motion on the appellate court. The moving party shall file a copy of the trial court’s order in the appellate court within seven days after the date of the trial court order. Any necessary modification of the appeal required by the trial court order shall be pursuant to rule of the appellate court. [1995 c.800 §6]

Please note that this response should not be considered legal advice or relied upon as such.

By: Robin DesCamp

Robin DesCamp — Tue, 19 Jan 2010 19:49:41 +0000

Are the consequences for deliberately hiding assets during a spousal support modification the same as during divorce? For example, payor moves for modification, seeks discovery from payee, payee hides significant assets, payor finds out about said assets. Thanks!