Would the value of the house be considered for equitable distribution after I discovered it as a hidden asset in divorce? 5 Answers as of October 31, 2016

After 19 years of marriage, I'm going thru a military divorce. Although I worked, my spouse purposely underemployed himself forcing us to short-sale our family home. I just discovered my spouse purchased a house with his mother 3 years ago. He failed to mention this on his financial affidavit and never informed me about this purchase.

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Carey and Leisure | John Smitten
Yes, potentially you get one half of his half share of the house.
Answer Applies to: Florida
Replied: 10/31/2016
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
Failing to divulge this, is probably a fraud on the court. It would depend upon the facts regarding whether it is subject to equitable distribution, and I just do not know enough to be able to answer the question. When you take a car to a mechanic, the mechanic has to find out just what is wrong with the car, and when you ask an attorney questions, the attorney has to learn the facts. The mechanic cannot fix the car without knowing what is wrong with it, and an attorney cannot fix a problem without knowing all the relevant facts. The big question to me here is whether the spouse made any contribution to the purchase of this particular home. One can imply that from the factual scenario written, because he hid it, therefore, he must have made some sort of contribution towards purchasing it, but the facts would have to be explored fully in order to determine what to do about it.
Answer Applies to: Florida
Replied: 10/28/2016
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
It appears that this case has not reached Final Judgment stage and thus, you can engage in discovery on that issue or any other issue that might be relevant. If marital funds were used to purchase the new property during the marriage, then it may be classified as a marital asset. You may have to bring in your Mother-In-Law as a party defendant in the matter as she has an interest in the subject property. These types of claims are highly complex. Thus, if you are not represented by counsel, I suggest that you immediately retain counsel ASAP to deal with this matter.
Answer Applies to: Florida
Replied: 10/28/2016
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
I suggest you get an attorney to go back to Court for you. It would seem to me that you do have a vested interest in the house.
Answer Applies to: Florida
Replied: 10/28/2016
Law Office of Robert E McCall | Robert McCall
Cannot answer without a review of the paperwork. Have all documents reviewed by an attorney immediately.
Answer Applies to: Florida
Replied: 10/28/2016
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