San Jose Asset Discovery Lawyer

When a couple seeks a divorce in the state of California, they are required to file a full financial disclosure report. However, there are some unfortunate cases where a spouse may not necessarily be honest and disclose all of the assets they are obligated to disclose. If you are under the suspicion that your spouse is hiding assets from you and the courts in a divorce case, a San Jose asset discovery lawyer can help uncover these assets to ensure you receive what you are due.

Facing the end of a marriage can be a complicated and emotionally charged place to find oneself. If one spouse is upset and believes that they are entitled to more of the marital or community property than the other spouse, they may be tempted to try to hide assets and income from the court system as well as from their spouse in a financial disclosure report. This can be especially true in states like California, which operate under the laws of community property.

If you are facing divorce in San Jose and believe your spouse is hiding assets, the team at the Law Offices of Rod Firoozye is here to help. We understand how difficult these cases can be and how confusing it is to try and uncover hidden assets. With our vast knowledge of the applicable laws and the overall discovery process, we can work to ensure you receive the assets and income you are due in a California divorce.

Asset and Property Division in San Jose Divorce Cases

In California, divorcing couples must report all the income earned, assets acquired, and debts obtained during the course of the marriage so they can be equally split regardless of which spouse earned these items of property or how they were earned. These items of property can include the salaries of the couple, any money earned from business ventures, lottery winnings, investment earnings, and items that were purchased with earnings made during the marriage.

In addition to the items of property that are subject to an equal split under California community property laws, it can also prove crucial to understanding which items of property are not subject to these laws and are actually considered to be separate property. These can include:

• Property that was owned by one spouse prior to the establishment of the marriage.
• Property that was acquired after the couple permanently separated.
• Gifts from one spouse to the other.
• Inheritance or gifts that were received by one spouse before or during the marriage.
• Property that was obtained through one spouse’s name and with the separate funds of that spouse.
• Property or earnings that the couple agreed would not be split in a prenuptial agreement.
• Any funds that were generated from the separate property of one spouse.

What to Do if Your Spouse Is Hiding Assets

Before you begin any divorce proceedings in San Jose, California, it can be wise to gather certain forms of paperwork, which should include a list of all your assets, properties, liabilities, or debts. This can help your own financial disclosure report but can also assist you and your lawyer when determining if there are any assets missing from the report of your spouse. Some of the integral paperwork in this step can include:

• Available paystubs.
• Lists of known assets and liabilities.
• Lists of all income or cash flow sources.
• List of employment histories for both you and your spouse.
• Prior tax returns.
• Bank statements.
• Cancelled checks.
• Any inheritance or gifts you or your spouse obtained during the course of your marriage.
• Information on the property owned by you and your spouse.
• Credit card statements.
• Loan applications.

If you believe your spouse is hiding assets, having all these forms of paperwork on hand can help your attorney during the necessary discovery processes. Additionally, if you think your spouse is hiding assets, there are a few behaviors you should be on the watch for, including:

• Changes in their spending.
• Destinations of bills such as car payments and mortgage payments.
• Slow drains on bank accounts.
• Change in conduct regarding your shared financials, including being controlling or secretive regarding bank or spending accounts.

Common methods of asset hiding your spouse might use can include:

• Reporting lower forms of income.
• Making fake loans to friends or family members.
• Overpaying tax bills.
• Creating false costs.
• Purchasing expensive gifts or items.
• Hiding billing statements.
• Overstating your debts.
• Transferring money to the accounts of family members.
• Deferring salaries, commissions, or bonuses.

The Discovery Process

During a California divorce, each spouse can use discovery tools to acquire evidence and forms of information from their soon-to-be ex-spouse. If you believe your spouse is hiding assets from you and the courts, your attorney can submit interrogatories or requests for admission to your spouse and their legal team. These questions must be answered under the threat of perjury.

You might also be able to request certain information from your spouse yourself; however, if they are, in fact, hiding assets from you, they will be less likely to agree to your queries, which is why having your attorney launch a formal discovery is the better option. Your attorney can request your spouse to produce documents such as loan applications, tax returns, account records, and other financial statements.

Your attorney may also be able to petition the courts to inspect a safe or deposit box owned by your spouse for any hidden assets. With nearly 30 years of experience assisting clients facing a wide range of family law issues, the team at the Law Offices of Rod Firoozye is here to help you if you believe your spouse is hiding assets during a San Jose divorce.

Speak to a Family Law Specialist Today

If you are facing divorce in San Jose, California, the Law Offices of Rod Firoozye are here to assist you if you have suspicions your spouse is hiding assets from you and the courts. We have the experience and resources we need to launch a discovery into this issue and work to uncover the assets you have half ownership of. Contact our offices today to schedule a consultation with our team and learn more about how we can help you.