If my spouse purchased a home before out divorce was finalized, should he have declared the house as an asset?

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If my spouse purchased a home before out divorce was finalized, should he have declared the house as an asset?

My decree nisi came through 9 years ago. I recently found out that my ex purchased a house with his new partner a year earlier after committing adultery. Can I do anything about the situation as I have been left in debt; it took 5 years to get maintenance for 3 kids.

Asked on August 22, 2011 California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that you should speak with an attorney on the matter because the time line here is a little fuzzy on the asset purchase. But more importantly, you need to make sure that the kids are covered here and protected.  Now, generally speaking, when parties file for divorce, there is a dtae that the court ises to determine the end date of the marriage.  If one sues the other and files for divorce, the court uses that date as a date certain for distribution of assets.  If you came to an agreement before filing the agreement usually sets the date. In other words, if he or she purchased the house after the paperwork was filed or after the date agreed to in the separation agreement then it is probably considered separate property.  But checking on the dates can never hurt.  Good luck.


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