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Leslie D.
Leslie D., Family Law Attorney
Category: Family Law
Satisfied Customers: 201
Experience:  Experience in family law, abuse and assault victim advocate
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is there a status of limitation after a divorce if the ...

Resolved Question:

is there a status of limitation after a divorce if the spouse wants to claim a portion of invesment that vas sold after a divorce
Submitted: 8 years ago.
Category: Family Law
Expert:  Leslie D. replied 8 years ago.

Hello,

Was the investment marital property or non-marital property? In other words, was this acquired during the marriage, or was it owned separately by one of the spouses before the marriage? Was there a distribution of property as part of your divorce decree? If so, was the investment included in that decree?

The answers to these questions will help me to provide you with a complete answer.

Thanks,

Leslie

Customer: replied 8 years ago.
it was acquired during the marriage and on the divorce legal papers we did agree that there was no real estate. in other words we we marked the box The parties own no real estate.
Expert:  Leslie D. replied 8 years ago.

Was the property division a settlement (agreed to by both parties, like a contract), or was it court ordered?

Leslie D. and other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
it was agreed in court ordered.
Customer: replied 8 years ago.
was agreed in court legal papers in court. it was no a contract
Expert:  Leslie D. replied 8 years ago.

You can file a petition to modify your divorce decree and state as grounds that this was marital property and that you did not know about the property at the time, or that you mistakenly said there was no real estate when there was, whatever is the case. The court may or may not modify the decree to give you an interest in the investment. Generally, there is no statute of limitations on the modification of a divorce decree, because of the fact that circumstances which justify a modification can arise for a long period after a divorce is final.

From a practical standpoint, it would be a lot easier to modify the decree at the time the property is sold. It may be more difficult to collect your share of the property if the investment was sold already and your ex no longer has the funds with which he or she can pay you.

Please let me know if you have any additional questions. If this answers your question, please click "accept" so I may receive credit for my answer.

Thanks,

Leslie

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