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

UPDATED: Oct 25, 2010

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

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 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.

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