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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31788
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My x-wife of ten years ago wants the equity in my home

Customer Question

My x-wife of ten years ago wants the equity in my home because I have decided to sell now. I had put in the divorce papers that she would get equity if the home was sold, but I didn't think to put a time frame. Is she still entitled to this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If the divorce decree says that she would receive the equity in the home if it was sold, and if there is no limitation on this provision's enforceability, then it could be that provision is still enforceable.

The only possible defense is to allege that the statute of limitations for a judgment is 8 years from the date of the judgment...so you could argue that the statute of limitations has expired on this judgment, and therefore, the provision is not enforceable.