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Question

I was divorced in 2005. I received a settlement of 80,000 dollars,half of his retirement and 1,000 per month for 8 years. We were married for 31 years of which we both worked full time and raised 2 sons. He refinanced our home in his name and I signed a quit claim deed.Our family home is worth in the range of 500,000-600,000. I'm still single and barely making it financially. I feel he got a better deal by getting the house. Should I go back to court to re-address this issue and see if the settlement could be amended for me to be better off financially?

Submitted: 25 days and 15 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Washington

Already Tried:
Nothing

Posted by AttorneyPhillips 25 days and 15 hours ago.

Answer

Unfortunately, you cannot go back to the Court now to ask for modification of the property settlement because of change in your financial situation four years after your divorce became final. The property settlement that you made in 2005 was made based on the assets that you had at that time. See Revised Code of Washington Section 26.09.080:

 

 

http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09.080

 

25 days and 14 hours ago.

Reply

Is it because of statute of limitations or once the divorce was final there is no recourse?

Accepted Answer

Once the property settlement is reached and the Court approved it, you cannot go back for a do over unless you can show that your former spouse concealed his assets at the time of the settlement and you did not know about these assets until now. This has to do with doctrines of Res Judicata (claim preclusion) and Collateral Estoppel (issue preclusion), which bar a party to a previous lawsuit from suing on the same claim or issues already decided by a previous lawsuit between the same parties.

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Expert: AttorneyPhillips
Pos. Feedback: 100.0 %
Accepts: 
Answered: 10/28/2009

Attorney

Massachusetts licensed Attorney with over ten years in general law practice.

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