Can You Split Property Discovered After A Divorce?
Hey, what's up everyone? Divorce attorney Bobby Buchanan here in Chicago. This is Illinois divorce TV. In this video, I'm answering the question. What happens if I find out my spouse has property after the divorce is done and this property was never split or I didn't get a percentage of this property when the divorce was done. Can I go back into court? Can I get what I should be owed? The short answer is probably not. During a divorce case, you have the opportunity to do what's called discovery. Discovery is where you use the tools of the court to find out information, to get documents, to have questions answered, uh, by the other side. And that is your opportunity, your sole opportunity to find out all the property that exists that might be relevant to your divorce case. And there's very specific case law that says that if you do not avail yourself of that opportunity and you don't
go down the rabbit hole, if you will, then you can't come back later after your divorce is done and say, Hey, I didn't, um, get this percentage of this property that was just found because my spouse didn't disclose it. Now, there are ways around this or, or kind of caveats, if you will. Um, one thing that can be done in a marital settlement agreement is to put in a clause that says that if there is any property that's discovered after the marriage is done that is deemed to be marital property, then the parties will split that property 50, 50, and that's a way for the parties to protect themselves from this exact thing occurring and saying, you know what, I don't want to do full discovery because that's expensive. So let's just put in this paragraph into the marital settlement agreement that says that if any of this property is discovered afterwards, then I'll get half in practice though. Discovering that property afterwards and getting your half is not going to be easy. Um, so you really want to make sure that you are going forward with as much discovery that you feel comfortable with.
So there it is. If you discover property after a divorce, most likely you are not going to get a percentage of it. You're not going to be able to reopen your divorce case. You may be, you might be, you probably will be S O L. so make sure that you do your discovery, do your due diligence during your divorce case. You don't get put in that situation. I hope this was helpful. Let me know in the comments. If you have any comments, let me know. If you have any questions, concerns, want to continue the conversation down there. Don't forget to subscribe to see new daily videos and I'll talk to you soon.