What happens in MA if soon to be ex has hidden assets?
My wife and I were married and live in Boxford, MA and we are in the process of getting a divorce. She has assets hidden in her mother’s name and within her mother’s accounts. Can I subpoena those accounts? I know the bank account #s and they are extensive assets. We just finished up a mandatory mediation where she did not disclose this info. If I subpoena the bank records can I get a postponement of the divorce date?
The parties to a divorce in Massachusetts are obligated to disclose to one another their assets, liabilities and income. These assets include real estate, bank accounts, cash, business ownership, insurance benefits, employee benefits, personal property, etc. In Massachusetts we have “mandatory disclosure” to flush out the basic income, assets and liabilities necessary to discuss a fair settlement. If additional information is needed, the Rules of Domestic Procedure allow for additional questions and requests for production.
In your case, you may also hold a deposition of your wife and/or her mother to examine her as to the circumstances of the transfers, and the location of the assets.
You may subpoena the information from the bank directly but they may object due to privacy issues if your wife is not titled on the account. That may lead to a court event where the judge will decide if the information is relevant and discoverable.Your situation is not uncommon and the above discovery tools are available to you and your divorce attorney.
Boxford Divorce lawyers at Baron Law & Mediation provide legal services to individuals and families in Boxford, Massachusetts and the surrounding cities and towns of Andover, Georgetown, Rowley, Topsfield, Middleton, and North Reading.
Baron Law & Mediation, LLP
Boston Metrowest Divorce Lawyers
800 Turnpike Street, Suite 300
North Andover, MA 01845