Community Property Not Disposed of During Divorce Proceedings
For things such as real estate ownership, debt disputes with third parties, the court may do not deal with some of the property and could inform the parties to deal with it separately later after the original proceeding of divorce due to some reasons.
One reason is that the property situation involved is too complicated, for example, a party sued for divorce and during the proceeding, the court found that the other party has five companies, the evaluation, and division of interested in the five companies could last very long time, which is not conducive to the dissolution of the marriage relationship between the parties. In this case, the court may inform the parties that this property will not be dealt with in this case and the parties will need to solve such property disputes by filing another case. Another case is that both parties are in the process of a divorce case, a third person shows up or as a third party to claim ownership of the property. In legal theory, the court should suspend the divorce case and wait for the dispute of the property to be solved first, but that will delay the divorce case for a year or two, which is why the court may just inform the parties to file a case separately. Another situation is that one party conceals the common property, which results in the concealed property not being divided and the other party finds out after the divorce. In this case, for this hidden property, the party may file a case separately after the divorce for property division. Also, such case may arise out of fraud when the divorce agreement was entered into, the only difference for the fraud case is that the aggrieved party may file for rescission of the agreed divorce agreement and ask for all properties to be disposed of as if no such divorce agreement had been made. One thing the aggrieved party should be aware of is the statutory limitation for claiming the right of rescission which is one year only.