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

Answers:

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.


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