If I’ve been divorced for 2 years but the property was never settled, can I still cliam half?

My ex-wife was unfaithful. We have an 11 year old son and agreed for his sake not to make it a nasty divorce. She agreed on no alimony or child support. She lives in the house we purchased together and now she is suing me for child support. Will I be able to get any entitlement from the property?

Asked on July 27, 2012 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please seek legal help in your area as soon as you can.  Was there ever a written agreement or order regarding the distribution of the property between you? It is not that uncommon for people to get divorced but the property distribution issue to linger on.  Marital property is still marital property unless it is adjudged or agreed otherwise.  Good luck. 


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