Forensic discovery: finding what's been hidden.
California imposes strict fiduciary duties of full disclosure on both spouses. When one party violates them, the consequences can be severe — including award of 100% of the hidden asset to the innocent spouse.
What you need to know
California's fiduciary duties under Family Code §§721 and 1100 require full and accurate disclosure of all assets and liabilities. Schedules of Assets and Debts (FL-142) and Income and Expense Declarations (FL-150) are signed under penalty of perjury. Concealment exposes the offender to severe sanctions under Family Code §1101(h) — including assignment of 100% of the asset's value.
- Family Code §1101(h) authorizes a 100% award of the value of an undisclosed asset.
- Forensic lifestyle analysis reconciles reported income with actual spending.
- Subpoenas to financial institutions, employers, and custodians can compel disclosure.
- Cryptocurrency, foreign accounts, and private investments are common hiding places.
- Sanctions and attorney's fees may be ordered against a spouse who breaches disclosure duties.
Related topics & situations
Forensic Lifestyle Analysis
Reconciling spending with reported income.
Subpoenas & Third-Party Discovery
Compelling production from banks, employers, and brokers.
Cryptocurrency Discovery
Tracing wallets, exchanges, and on-chain activity.
Hidden Foreign Accounts
FBAR, FATCA, and cross-border discovery.
Cash-Heavy Businesses
Reconstructing income for restaurants, contractors, and sole proprietors.
Sanctions for Concealment
Family Code §1101 and §271 remedies.
Setting Aside Judgments
Reopening a divorce when concealment is later discovered.
Working with Forensic Accountants
When and how to engage an expert.
Family Code §1101(h) provides that 'remedies for the breach of the fiduciary duty by one spouse, when the breach falls within the ambit of Section 3294 of the Civil Code [oppression, fraud, or malice], shall include, but not be limited to, an award to the other spouse of 100 percent, or an amount equal to 100 percent, of any asset undisclosed or transferred in breach of the fiduciary duty.'
Source: California Family Code & California State Bar guidance. General information only.
HNW · Hidden Assets — frequently asked questions
What are my spouse's disclosure obligations in California?
What happens if my spouse hides assets?
Can I get 100% of a hidden asset?
What is a forensic lifestyle analysis?
How can cryptocurrency be discovered?
Can I subpoena my spouse's employer?
What if I find hidden assets after the divorce is final?
How much does a forensic accountant cost?
What are the signs my spouse may be hiding assets?
Can my spouse's small business be reconstructed?
Speak with a San Diego family law attorney today.
Every conversation is private. Most clients leave the first call with a clear sense of what to expect — what California law says, what your case is likely worth, and what to do next.