The Court continues to have authority to make orders regarding any forgotten asset or debt, whether you forgot to include a community debt or whether you learned that opposing party forgot to include a community asset.
If the circumstances show the asset or debt was merely forgotten or omitted from the court’s orders or written agreement, the Court can still make orders dividing such asset/debt. However, if the circumstances show that a party intentionally left out a asset, whether community or even their separate property, then not only does the Court have power to divide that assert after divorce but the Court has authority to award that entire asset to the non-offending party based on intentional failure to disclose. This intentional failure to disclose is a violation of the mandated disclosure obligations and fiduciary duties associated with married persons. The mandated disclosure obligations and fiduciary duties are explained in Family Code 2100 et. seq.
If you have realized you are dealing with an omitted or unadjudicated asset, please call Bristol & Haynes, APLC at 909-466-5575 for a consultation.