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


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. 

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.