One of the procedures in the divorce process is the division of the matrimonial property community. If there is no prenuptial contract that determines otherwise, everything acquired by both spouses, during the marriage, belongs to the matrimonial property community (with some exceptions) and may be subject to division. But what happens when a spouse hides or tries to hide assets or money so that they are not divided in the proceedings? In today's blog, we are going to be explaining how to prove to the court which assets make up the matrimonial community of assets.
In the first place, it is necessary to emphasize that through mandatory disclosures, both spouses have the obligation to disclose to the other all their assets, property, and possessions, as well as their debts, obligations, and others.
If you suspect or are certain that your spouse has not declared all of their assets or money, you can make it known to the court, and you may request, through the discovery process, more documents and information.
First, it will be necessary to review the tax return, including all the pages. They may contain the information you need. It will also be necessary to obtain all bank statements for all bank accounts that your spouse owns. If you suspect that your spouse has another bank account that is not listed, and you know its number, and the branch where it is located, you could ask the court, offering sufficient evidence, to issue an order forcing the bank to declare that information.
You should also review all loan documents and loan applications, as well as credit card statements. Large sums of money obtained through loans, are generally secured with some assets, also large payments to credit cards, can be used to demonstrate hidden income.
Finally, if your spouse has his or her own business, it is very important to review all the business expenses and account statements. In many cases, personal expenses are passed on to the business, and a thorough evaluation could unmask more income than declared.
If you need help with your divorce proceeding, do not hesitate to contact us. In Y. Morejon Attorney, P.A. we can help you with your case. We work on family cases, and we give you the personalized attention that your case deserves. The first consultation is free. In Y. Morejon Attorney, P.A. your problem is our problem.