One of the purposes of discovery is to root out any misrepresentation by any of the parties. The hiding or secreting of marital assets by one spouse is a form of misrepresentation since it is done to mislead the other spouse.

The term misrepresentation encompasses actions which may be defenses by the other party. For example, estoppel, in all its many forms, often involves allegations of misrepresentation by one party.

At the least, misrepresentation involves acting in bad faith since it is done to the detriment of another. Misrepresentation is an element in deceit and deception, fraud and willful mistaken statements about material facts.

Misrepresentation is not the same as a honest mistake or misstatement. Intent to deceive is present.

In heated divorce trials, misrepresentation, lying and perjury often come to be questions of degree, not kind. Judges have heard everything before, and they are not misled easily.

All perjury involves misrepresentation.

See Perjury.

Don't Forget to Visit Our Online Support Community

Your Suggestion

1. Hidden Assets
   Very often in a divorce, one spouse attempts to hide marital assets. Assets that are hidden can often be discovered, but the hiding involves some form of misrepresentation and bad faith.
   Contributed on 7/10/2007 by: DivorceDex.com Staff

   Category: Property Division  (Applicable in All States)

Contribute Tip/Fact