How do I get money owed to me by my ex-husband for my share of our marital home?

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How do I get money owed to me by my ex-husband for my share of our marital home?

We have been divorced for about 7 years and he was supposed to have me paid off 90 days from divorce. I have asked repeatedly for my money and get excuses. What can I do to get my money and is time an issue?

Asked on October 25, 2010 under Family Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you had an agreement (such a divorce settlement) or a court order requiring him to pay, you can sue to enforce that agreement or order. (A legal action is the only mechanism to enforce it.) That's the good news; the bad news is that depending on whether it was an agreement or a court order, after 7 years, it may now be, as you suspect, too late to take action; suing him may be barred by what is known as a "statute of limitations." The exact limitations period will vary with whether it was an agreement or an order, and there are also some doctrines that can extend the limitations period; rather than try to figure out yourself whether you are still in time to act, speak with an attorney IMMEDIATELY who can determine whether you might still be  within the statutory period (or an extention) and, if you may be, institigate the action right away, before yet more time passes.


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