Property Not Divided in Divorce

 
If there is any community property that is not divided in divorce due to concealment, malicious transfer, negligence, or other reasons, the divorced spouse whose interest is damaged may file a separate lawsuit to claim division of such property.
 
After admission of such a case, the court will examine the evidence adduced by both divorced spouses to make sure the property is their community property and was not divided in their divorce, and the reason for their failure to divide such property.
 
If the defendant was at fault, for example, the defendant concealed such property, transferred it to a third party without consideration or at a low price, or destroyed or squandered such property, etc., the defendant will lose the claim for such property, in whole or in part. This means that the plaintiff will get all or a bigger share of such property due to the defendant’s illegal acts.
 
Provided that the plaintiff should file a lawsuit to claim re-division of their community property within three (3) years from the date when he/she becomes aware of the defendant’s illegal acts or the existence of such undivided community property.