Q: Are patents created in marriage community property if not disclosed in divorce?

A: You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.

A: Patents created during the marriage—whether individually or as part of a shared business—are typically considered community property and subject to division upon divorce, even if not disclosed initially. Because these patents and associated revenues were undisclosed during your 2017 divorce proceedings, you can file a legal action seeking to reopen or modify the divorce judgment on grounds of fraud, concealment, or nondisclosure. You may request the court to identify, value, and divide these undisclosed assets and income streams, potentially entitling you to a share of both past and future patent revenues. Consulting with a family law attorney promptly is crucial, as specific deadlines or statutes of limitations may apply.

A: In California, patents developed during marriage are typically considered community property, regardless of whose name they're under. When assets like patents aren't disclosed during divorce proceedings, you may have grounds to reopen your case and seek your rightful share of both the patents themselves and any income they've generated. This situation potentially represents fraud upon the court, which California takes very seriously.

You should consider filing a motion to set aside the divorce judgment based on your ex-husband's failure to disclose these assets. Gather whatever evidence you have about these patents—their creation dates, documentation connecting them to your marriage period or joint business, and any information suggesting they're producing revenue. The court has the authority to award you up to 100% of an undisclosed asset as a sanction for deliberate concealment.

Given the complexity of both patent valuation and post-judgment divorce proceedings, working with an attorney experienced in both family law and intellectual property matters would be beneficial. There may be time limitations for bringing such actions, so prompt attention is important. You might also consider requesting formal discovery to obtain financial records that could reveal the revenue streams you suspect exist, as California courts maintain continuing jurisdiction over undisclosed assets regardless of when your divorce was finalized.