What to do if I was supposed to get half the proceeds from the sale of house in divorce and received $20,000 but should’ve gotten $47.000?

This was over 6 years ago.

Asked on November 27, 2011 under Family Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You do not indicate which state you are writing from, which is critical. You can enforce the terms of a divorce settlement or agreement, or a divorce decree from the court--so if you were not paid what you were supposed to be paid, you may sue for the balance. The potential problem is, there is only a certain amount of time, called a statute of limitations, in which you may sue to enforce the settlement or decree. This will vary by state--every state sets its own statutory periods. If there was a settlement agreement, the statute of limitations will be the one for written contracts. If there was a court order or decree, it will probably be the time period for a judgment...in either event, you should consult with a matrimonial or divorce attorney now, to see whether you can still look to enforce your rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.