I'm going through a divorce and recently received correspondence from soon ex-spouse's attorney with a table dividing the debt (community property) as we are about to proceed to court. In the proposal, the defendant's attorney is proposing to assign the debt to me that does not have material assets (tangible property) and to him, debt that does. I do not agree with the proposed assignment of the debt in the defendant's proposal. Do I have the right to request from the defendant production of statements of the property associated with the debt? Do I (My attorney) have the right to draft my own table proposing an assignment of debt and then request to take ownership of an equal (per the courts discretion) percent of the tangible ( T.V.'s , computers, etc.) assets in question?
Lawsuit / Dispute Attorney
You received a proposal. Of course you may respond anyway you wish. Talk to your lawyer and come up with a response to their proposal- accept it, modify it, reject it, or counter it. Ask your lawyer about discovery tools available to you.
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.