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Do i still have a right to my husband's 401 k after the divorce when no division of asset that took place?

Norwalk, CA |

we divorce 2 yrs ago, no division of asset, we live together after the divorce for 2 more yrs sharing bank accts, house and everything, my husband let me sign a waiver for his 401K after the divorce stating that I have no right whatsoever to it. Now he wants to live with another woman and marry her. Do I still have a right to half of his 401K? he made me sign the waiver but am not sure if it was notarized. The divorce just happen without any court hearing. I just receved the paper that I am divorced. I am not sure how he did it maybe he sign the doc's for me. I just am totally blown away. and confused right now. Please give me some info. tnx

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Attorney answers 2


In most cases there is a procedure for dividing assets that were not dealt with in divorce. You should consult an attorney in your local jurisdiction.


The court in California retains jurisdiction over assets that were not disclosed or omitted from division during your divorce. However, the question is whether the waiver you signed is valid. Not every document must be notarized to be valid; the notarization only serves to verify that it was in fact you who signed the document. Even without notarization, a waiver can be valid. At the same time, if you signed a waiver with no benefit to yourself, California law presumes that your husband used undue influence to obtain your agreement. This presumption can be overcome, but he will have to prove that you agreed to the waiver voluntarily, knowingly and intelligently.

Also, not all divorces require court hearings, and you should inform yourself as to what happened in your case. Go to the courthouse and request a copy of your file and review the divorce documents yourself. If you are still confused, you will need to meet with a family law attorney to discuss what happened in your case and to examine your options.

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