Monday, September 26, 2011

What is the penalty for failure to disclose an asset or liability in Montana?

What is the penalty for failure to disclose an asset or liability?

Here's where it shows how important it is to be honest.  You can always try to work with your spouse on how to divide things so that you can both come out as satisfied as possible.

The failure of a party to disclose an asset or liability on the final declaration of disclosure is presumed to be grounds for the court, without taking into account the equitable division of the marital estate, to award the undisclosed asset to the opposing party or the undisclosed liability to the noncomplying party.

This means that the other party may be awarded something that you didn't disclose.  There is absolutely never a reason not to disclose everything.

What if the court finds that a party committed perjury on their disclosure down the road?

In addition to any other civil or criminal remedy available under law for the commission of perjury, the court may set aside the judgment, or part of the judgment, if the court discovers, within 5 years from the date of entry of judgment, that a party has committed perjury in the final declaration of disclosure.

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