Q: Please see request below
I was served divorce papers on 10 Oct 23. Upon reviewing the paperwork, I noticed that on FL - 160, "Property Declaration ," under "Cash" and "Savings" and "Checking" accounts, it states "None." She was able to have court fees waived as well. However, we both have joint bank accounts and have cash on hand. According to my research, isn't this a "breach of fiduciary duty?" She committed perjury by saying that she had no assets. She did this because she wants the house sold so she can have the proceeds. However, she has at least four places to go to live with relatives. I would not have anywhere to go. To rent would create a financial hardship. We both own the house and have been here since July 2000. She did not disclose to the Court that we have a dog. Where would the dog go?
What can be done to alert the Court about what she did?
A:
It’s probably not a breach of fiduciary duty. She doesn’t have a fiduciary relationship with the court. Spouses’ fiduciary duties to each other end when one of them files for divorce. Moreover, you haven’t been harmed because you know the truth.
She’s probably trying to get the divorce done as inexpensively as possible. Still, it can always be argued that if she’s willing to lie about the little things to avoid paying a court filing fee, she’s must certainly be willing to lie about bigger things to get an even bigger reward.
If a marital residence is in dispute and there are sufficient marital assets to offset the equity in the home, hire an attorney. No one should represent themselves in a contested divorce with significant assets unless they are knowledgeable and experienced in family law (for example, a paralegal in a family law firm).
A:
In California, both parties in a divorce are obligated to make a full and accurate disclosure of all assets and liabilities. Failure to disclose known assets can be seen as a breach of fiduciary duty. If you believe your spouse has not accurately disclosed assets, you can file a declaration with the Court addressing the inaccuracies. This might include providing bank statements or other evidence to demonstrate the existence of joint accounts or other assets.
The court can impose various remedies, including sanctions, for failure to accurately disclose assets. Regarding the home, the court will consider various factors when deciding its disposition, including each party's financial condition and living circumstances. It's important to communicate any hardships or concerns about housing in your filings. Retaining legal counsel to guide you through the process and protect your interests can be invaluable.
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