How is marital property proven?

In divorce actions, marital property has to be determined by the courts so that the property can be fairly divided. Laws require that all marital property be divulged by both parties. However, during contentious divorces, parties may be less than forthcoming. Additionally issues may arise in good faith as to whether a property is marital or non-marital. To prove marital property, divorce attorneys often request interrogatories which are discovery procedures to uncover hidden marital assets or undisclosed income.  Interrogatories must be answered under oath and the respondent spouse is required to answer truthfully or risk perjury.

Discovering Hidden Assets

Divorce interrogatories can be effectively used to uncover hidden marital assets. In these cases, interrogatories may uncover marital property by demanding the source of assets used to purchase marital property; requesting disclosure of future acquisition of marital assets; uncovering spousal corporate partnerships; as well as demanding other answers that can expose hidden marital assets.  

Undisclosed Income

In an attempt to disguise marital assets, spouses may devalue property or use other deceptive means. In these cases, it may take a forensic accountant to show that these assets even exist.  Interrogatories can provide questions required to be answered in detail regarding marital property. Sometimes a spouse will use certain means to frustrate distribution of marital property such as retain assets in a custodial account in a marital child's name; delay signing a long-term business contract until after the divorce; skim cash from the other spouse's business; or claim a bogus debt repayment in the name of a friend or relative regarding a non-existent debt. To overcome these deceptive measures, interrogatories can help to discover where the money has gone.

If you suspect that your spouse is hiding marital property, you should discuss your case with an experienced divorce attorney as soon as possible to protect your interests.