Did you forget to include something in your divorce?

If you're dividing property during a divorce, you might not always include everything in the final judgment (official decision). For example, you might forget to include a certain asset or debt. If this happens, the parties (people involved in the divorce) will continue to own the property together as "tenants in common." This means that each person owns a share of the property, and can use it or sell it as they choose.

The court has the power to order the division of any property that was not included in the judgment, even if it was not mentioned in the original papers filed for the divorce. This is true even if the court did not reserve (keep) jurisdiction (the power to make decisions) over the property in the original judgment. The court has this power because of a law called the Family Code section 2556.

Sometimes, the value of a pension or other type of payment might turn out to be much higher than what was stated in the judgment. In these cases, the extra amount might be considered an "omitted asset" and the court can divide it like any other property. However, this is not always the case and it depends on the specific situation.