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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102185
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was divorced in 1982 and a settlement was a greed upon

Customer Question

I was divorced in 1982 and a settlement was a greed upon at that time. The settlement was never followed through with. It was made to mainly be fair to our children, to give them a start in life by putting funds in a savings account to be split bet w even our three children. My spouse was supposed to use the monies he received from selling our home to do this. He never did so. He has since remarried and his new wife urged him to sell his oil royalties to purchase homes to fix up and they put them in her name thus if something happens to him our children will have nothing to inherit. I trusted him to do what was right and feel I have given him plenty of time to do so. Is there any recourse at all?
Lilly- wondering in Montana
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not to participate in phone calls and I may or may not be able to participate in this feature.I am sorry to hear about this situation. I am afraid that enforcement of divorce decrees in Montana is ten years under Mont. Code Ann. § 27-2-201. As such, I am afraid that it may be too late for this, especially since it has been 33 years. At this point, the defense of LACHES (unreasonable delay by the plaintiff in bringing the claim) applies as well.Thus, this is likely no longer actionable.Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.