In dissolution proceedings, inquiries concerning monetary establishment holdings are an ordinary part of asset division. These investigations sometimes heart on uncovering the existence, valuation, and characterization of funds held in deposit accounts, together with checking, financial savings, and cash market accounts. Particular points can come up regarding commingling, tracing, and separate property claims associated to those belongings. For instance, events might dispute whether or not funds deposited throughout the marriage must be categorised as marital property topic to equitable distribution, or as separate property if traceable to premarital belongings or inheritances.
Correct and complete disclosure of those accounts is essential for making certain a good and equitable settlement. Undisclosed belongings can result in authorized challenges, together with motions to reopen a divorce decree or actions for fraud. Traditionally, the main target has been on figuring out account possession and balances on the time of separation, however more and more, there’s scrutiny of account exercise main as much as the submitting of divorce to uncover potential dissipation of marital belongings or hidden funds. The accessibility of digital banking data has considerably impacted the method of discovery associated to those belongings.
