Legal Question in Family Law in North Carolina
Is there a statue of limitations on settlement of property.
Is there a statue of limitations on property settlements from divorces?
Asked on 9/07/99, 11:48 am
1 Answer from Attorneys
Donald Gillespie
Attorney at Law
Re: Is there a statue of limitations on settlement of property.
Depends. The usual killer limitation is NCGS50-11
which states at (e) that an absolute divorce
"destroys" the right to equitable distribution unless the
ED right was asserted prior to the divorce. Generally,
you would try to draft divorce decree to leave open the
question of ED so the couple can get divorced and still
retain ED action if needed. Consult NC lawyer for
case specifics which may form grounds to attack exclusion.
Answered on 9/10/99, 2:59 pm