What to do if a wife did not disclose an asset during divorce proceedings?

While going over property purchased during the marriage, the wife stated that her sister bought the house that she has lived in since the divorce. The husband, 4 years later, has now found paperwork to prove that she bought the house during the marriage or bought it with her sister. The paperwork is a purchase agreement and a letter stating that the deed would be mailed to her. Can he now take her back to court for fraud and get his share of that house? Would she be required to show documentation that her sister is the sole owner, as of the date of purchase, during the marriage?

Asked on June 4, 2012 under Family Law, Nebraska


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If a wife during a marital dissolution matter failed to disclose all assets that could posisbly have been community assets, the other spouse can re-open the dissolution proceeding as to the division of the community assets based upon possible fraud by the former wife.

If there is evidence of possible fraud by the former spouse, she would be required to demonstrate she never had any ownership interest in the house that you are writing about. I suggest that the former husband consult with a family law attorney about his suspicions.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.