Thank you for your response.
Furthermore, NE Section 25-207 provides in pertinent part, "The following actions can only be brought within four years: ... (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property...." Thus, on a personal property settlement action can be brought within 4 years as well. See: Manker v. Manker, 263 Neb. 944, 644 N.W.2d 522 (Neb., 2002). Generally, a period of limitations begins to run upon the violation of a legal right, that is, when the aggrieved party has the right to institute and maintain suit. See: Reinke Mfg. Co. v. Hayes, 256 Neb. 442
, 590 N.W.2d 380 (1999)
Equity is not a rigid concept, and its principles are not applied in a vacuum. Equity is determined on a case-by-case basis when justice and fairness so require. Equity may be used under appropriate circumstances, and equitable principles may prevent one from asserting a particular defense when it would be unfair or unjust to allow that person to do so. The doctrine of equitable estoppel may be applied to prevent an injustice or a harsh and unfair result. A claim of equitable estoppel rests in equity, and in an appeal of an equity action, an appellate
court tries factual questions de novo
on the record and reaches a conclusion independent of the trial court. See: Manker quoting, State ex rel. Neb. Health Care Assn. v. Dept. of Health, 255 Neb. 784
, 587 N.W.2d 100 (1998)
Thus, it appears under the NE case law you have 4 years to challenge a property settlement as this property settlement deals with your personal share of property from the marital estate and such statute of limitations runs when you discover the fraud.