After being Divorced for Many Years, My Ex Wants to go Back to Court for Property she Feels she’s Entitled to, Can She do This?
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Summary
I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State. |
“I was divorced in Oct/99 my ex is now going back to court to recover property that she feels was not divided properly. The wording in the agreement states “remainder of furnishing to be divided equally” but does not specify any particular items. She has named items she wants and the Judge appears to be going along with this. Is there a statue of limitations on any of this? It has been seven years since our divorce. She has not claimed these items until now. I live in New York State.”
In California where I am licensed the Court that issues a divorce retains jurisdiction to divide any undivided property. If there are items that were not divided, the Court likely still has the authority to effectuate that division.
Lesson: Divide your marital property as part of the dissolution of marriage, or face a possible future accounting of such property.
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For more on this subject check out these categories: Divorce, Family Law, Property
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
