What to do if my ex did not disclose stocks worth more than $100K either in her preliminary declaration or in the discovery process?
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What to do if my ex did not disclose stocks worth more than $100K either in her preliminary declaration or in the discovery process?
She also sold these stocks without my knowledge. After a trail, on my request, the court issued a tentative statement of decision. Considering my objections, court issued a Final Statement of Decision. In the Final Statement of Decision, the court found that my ex breached her fiduciary duty. However, it ordered to give me half of the monetary value of the stocks considering their value on the date when my ex sold these stocks. Since the stock price has increased by 50%, I want the court to award me half of the actual stocks. What can I do now in order to ask the court to modify its order to reflect this?
Asked on November 26, 2012 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Procedural questions - which is really what you are asking here: what is the procedure for appeal an order - are best asked to an attorney in your area as the original proceeding will guide and determine your actions. If, for example, you made a motion regarding her breach and for your portion of the stocks and you believe that the court mis-applied law or there is new law to support the outcome you wish, you may need to make a motion to renew and reargue as well as file a notice of appeal. Make sure, though, that your argument for the recalculation has some basis in law or equity. Good luck.
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