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Failure to Disclose Good Grounds for Set Aside

Guiding You Through Difficult Times

Sometimes during a divorce there are instances where one spouse does not truthfully disclose all the community property assets on his or her disclosure documents.  This could result in the other spouse suffering from an uneven division of community property in the final dissolution judgment.  To offset this, California Family Code §2120 (a), on behalf of the California Legislature, declares that the state of California has a strong policy of insuring the equal division of community property and quasi-community property in the dissolution of a marriage.

Family Code §2122 provides the grounds and time limits for filing a set aside motion.  Subsection (f) specifically addresses the failure to comply with the disclosure requirements of Chapter 9 (commencing with §2100).  An action or motion based on failure to comply with the disclosure requirements shall be brought within one year after the date on which the complaining party either discovered or should have discovered the failure to comply.

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