Marriage of Andrews CA3

BACKGROUND

A judgment dissolving the parties’ marriage was entered on October 26, 2010. Incorporated into that judgment was a property order, in which the court found there was no community property to divide. On July 31, 2012, husband filed a request for order from the trial court, asking the court to find wife intentionally failed to disclose her retirement account, a community asset, and to distribute that account accordingly. Husband also asked the trial court to award him Family Code section 271 sanctions, and order wife to pay his attorney fees, on the ground she breached her fiduciary duty to husband by failing to disclose a community asset. On December 5, 2012, the trial court presided over a hearing at husband’s request. At that hearing, the trial court heard testimony from husband and wife and considered documentary evidence each of them submitted. The minutes from that hearing indicate the court found husband “has the burden of proof as to the omitted asset. The burden of proof was not met therefore motion is denied. [¶] Court finds insufficient behavior for both request[s] for [Family Code section] 271 sanctions, [r]equest[s] for sanctions [are] denied. [¶]…