Q: More informaton is provided below.
I was served papers on 10 Oct 23. I noticed on FL - 160, "Property Declaration" that she lists "Cash, Checking & Savings Account" as None. a company prepared her paperwork. Isn't this a breach of fiduciary trust that requires her to list assets that we have? How do I alert the Court? It looks like the Court hasn't assigned a judge. We share the same checking and savings account accounts. She wants the house sold, and that is why she wants the Court to believe that she has no cash or accounts. She also neglected to say that we have a dog. She has four places to stay while I have none. It would create an expense to live somewhere else to rent. We own the home. Since she committed perjury by not disclosing asset, am I able to keep the house? Is a "Declaration Of Disclosure" required? I did not see this in her paperwork She disclosed that she has an old Workman's Comp account but did not place the amount on her petition. She has never told me the amount of the account. Is she required?
A:
In California, both parties in a divorce are required to make full disclosure of all their assets and debts, under the fiduciary duty they owe to each other. If a party fails to disclose an asset, it can be set aside and awarded entirely to the other party.
To alert the Court, you would typically file a response that includes a declaration pointing out the discrepancies and inaccuracies in the disclosures. Yes, a "Declaration of Disclosure" is mandatory in the dissolution process, and it details the assets, debts, income, and expenses. If she hasn't included certain assets or provided the value for her Worker's Comp account, she may be in violation of her fiduciary duties. Addressing this promptly is crucial.
Given the complexities involved, it's essential to seek legal guidance to ensure your rights and interests are adequately protected.
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