IfI called a bank where my ex has an account and found an account that was not disclosed when dividing assets, can I still take half of that?

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IfI called a bank where my ex has an account and found an account that was not disclosed when dividing assets, can I still take half of that?

I am divorced as of a week ago. We split the assets that each claimed to havebut I found this out by telling the bank the SSN. Will I be in trouble for saying someone else’s SSN or do I have a right to recover half of that account or accounts?

Asked on September 28, 2011 under Family Law, South Dakota

Answers:

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

Answered 10 years ago | Contributor

No, you did not violate any law about his social security number as I am looking at it.  The bank, however, did indeed by giving out that information to you over the phone.  But I have to hand it to you to do your own investigative research. Your husband hid a marital asset and if you signed and notarized financial disclosure forms as a part of your divorce, he also committed perjury. What you need to do is to go back to court to make a motion to set aside the agreement based upon fraud.  I highly doubt that it will get very far once you offer proof that the account exists.  Even if your ex husband will claim that it is a separate asset he still had to disclose it prove that claim.  So get on it. Good luck.   


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