CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Omitted Assets
.........Current Law
............Asset Known-But Undivided
7 Cards On This Topic:

A motion to vacate the default judgment was not necessary because FC §2556 provides the trial ct. with continuing jurisdiction to hear motion for adjudication of omitted assets.

Motion to divide omitted asset may be barred by res judicata if asset known and dealt with in prior order.

MSA provision awarding H after-acquired property did not amount to award of c/p interest in omitted pension.

Pleading interest in asset insufficient to bar partition; judgment must divide.

Mere mention of pension in judgment doesn't mean having litigated it. What W's lawyer knew irrelevant.

W may partition H's pension because not mentioned in judgment, even though she knew of it, claimed it as c/p in petition, but erroneously thought it to be worthless.

Allegation of "no property" in dissolution action, where W in pro per, did not bar subsequent suit to recover one-half of pension.