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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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: House Attorney

A house attorney has answered this question.

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