Upland, CA asked in Divorce and Family Law for California

Q: My husband filed for divorce and did not list our business. Can I report that in my response and ask for a buy out?

He is circumventing revenue from the business. In my response can I ask for my share of the value of the asset? He has a checking account that's not listed too.

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2 Lawyer Answers
J. Christian Conrad
J. Christian Conrad
  • Irvine, CA
  • Licensed in California

A: Hello - I assume when you say "list", that you were served the preliminary declaration of disclosure along with the petition. If all you have received so far is the petition, then you are still to receive his initial disclosure documents which outline all of the things, including assets, debts, etc., that you're looking for. Additionally, you have the same requirement after you respond. You are going to get a chance to include all of the things you believe are missing when you complete your PDD and exchange it with him. Hope this helps!

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, you have the right to address omitted assets like the business and undisclosed checking account in your response to the divorce filing. You can certainly request a buyout or division of the business, as well as your share of any undisclosed financial accounts. It's crucial to consult an attorney to ensure your interests are adequately represented, particularly when dealing with complex assets and possible financial misconduct.

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