In some instances community assets or debts of divorcing parties may have be excluded or not addressed in a final divorce decree or judgment. When this scenario arises, the parties do continue to own the property as tenants in common.

The original court, however, does have continuing jurisdiction over such property under Family Code Section 2556 to divide and make an order in regards to such property. It does need to be brought to the court’s attention by way of a post-judgment motion or order to show cause (OSC).

If such property was never adjudicated or undiscovered at the time of trial, the Family Code gives the court jurisdiction over the omitted or unadjudicated property even in spite of the court not reserving jurisdiction over such issue at trial or in the final divorce judgment.

It is important to contact an experienced San Bernardino Family Law attorney to represent your interests and your rights in a marital dissolution or issues involving property and debts, especially when it comes to omitted assets or unadjudicated community property assets. At Wallin and Klarich, our San Bernardino Family Law attorneys have successfully represented many clients in this situation. Our knowledgeable San Bernardino Family Law attorneys will work to ensure that your case is done properly and professionally and seek the best outcome on your behalf.