My husband claimed that some real properties in Mexico were purchased before the marriage. However, I found public documents in Mexico which prove that the private contracts my husband produced are false. However, the true purchase dates remain unknown because he didn’t disclose the authentic documents, which only he has. So even though the purchase dates remain unknown, can I claim the properties 100% simply due to his fraud? In other words, if he failed to establish the true date of acquisition, then the real property is deemed to be community property and would be equally divided but, in addition, because he produced false documents, I can claim the property 100%.
Andrea WhitehillBankruptcy AttorneySan Diego, CA ·
If the properties were acquired during the marriage while you were residents of the State of California, then it is community property. If any community monies (that which was earned while you lived in California during the marriage) were used to pay taxes, maintenance costs, or repairs on the properties then the community has an interest in those properties., even if they were bought by him before the marriage.
It is his burden to prove the separate nature of the properties. If you could produce copies of the public documents you allege have the true purchase dates that would contravert his evidence.
The court will not grant you 100% of the properties, only half of your community share, whatever that may be.
So the big question is: what are the properties worth? If only thousands, you will spend more than you would get litigating this. Hundreds of thousands of dollars? That's a different story.
Usually the court orders community real estate sold and the proceeds divided, but it will be difficult to enforce that order in Mexico if your spouse refuses to cooperate.
You absolutely would need an attorney to help you sort this issue out.
