A June 2023 unpublished opinion from Los Angeles County reaffirms the importance of full disclosure in divorce cases. This article will summarize the case and highlight the takeaways for divorce law in California.
What were the basic facts of Frausto v. Frausto?
- Although this was an unpublished case, it provides an interesting case study on the issue of undisclosed assets in a divorce.
- Over 20 years after the court entered a final judgment, the ex-wife filed a petition to adjudicate the ex-husband’s pension, which had not been disclosed.
- As per the California Family Code, there is no time limit on the court’s jurisdiction to adjudicate assets that were not disclosed.
- The court affirmed the order granting the ex-wife an interest in the pension.
What are the takeaways from this case for a California divorce?
- Failure to fully disclose assets in a California divorce will not prevent an ex-spouse from later winning a claim against the undisclosed assets.
- The court will not impose a time limit on a former spouse’s claim to undisclosed assets.
- The family court has continuing jurisdiction of undisclosed assets, and that continuing jurisdiction can last a long time (20 years in the Frausto case!).
What are my options if I think that my spouse his assets, but my divorce is final?
- This case shows that one option if you think an ex-spouse has hidden assets is to petition the court for a share of the asset.
- An important consideration is to bring your claim as soon as possible. As this case shows, a delay in pursing a claim against an undisclosed assets is not fatal to your claim (the court held that it was not compelled to consider the defense of laches in the Frausto case). However, you can anticipate that your ex-spouse may raise equity as a defense if there is an unreasonable delay in pursing your claim against the undisclosed asset.
Contact an Experienced Divorce Attorney
Whether you are just beginning your divorce, in the middle, or have post-judgment issues to resolve, at the Law Office of David Knecht, we are here to help you! We have extensive experience with family law which includes all matters concerning divorce in California. Contact us at 707-451-4502.
