How can I get more information on my husband’s business transactions before entering into a marital settlement agreement?

UPDATED: Aug 17, 2011

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How can I get more information on my husband’s business transactions before entering into a marital settlement agreement?

I am going through a divorce and have found out that my husband and his business partner had bought and sold homes and land, without my knowledge. If I never signed the deeds, do I have rights to any of the proceeds to the properties? Also, I have found copies of recordings of property that my husband bought saying he was an unmarried man on the escrow papers, although we were married at the time. Is this considered real estate fraud? What are my options in terms of the marital settlement agreement? Also, there were properties bought that were not recorded with the county recorders office, what should I do to get these records?

Asked on August 17, 2011 California


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

Answered 11 years ago | Contributor

You should not enter in to a marital settlement agreement until there has been full disclosure of the property and transactions made during the marriage.  You - or rather your attorney - will need to ask that the court allow you inquiry in to the business transactions made during the course of your marriage.  His business would have to be valued anyway for distribution purposes.  How the transactions are charcterized under the law - real estate fraud or what ever - is not relevant to you per se.  That needs to be determined.  But the information could be used as leverage in settlement discussions.  Get legal help here.  Good luck.

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