Legal Question in Family Law in South Dakota
Sale of Home & Divorce
My ex-husband and I signed a Pre Nuptual agreement before we got married. When we went to get divorced that seemingly went out the window. I was under a lot of emotional stress when I signed the Divorce Decree. There was a stipulation in there that I now regret. We owned a house together. The prenup indicated anything accrued together we were to split 50/50. When he sold the house he made a $24000 profit of which I only received $3000 - my share of the cash we paid upfront. Is there anything I can do to get the 1/2 I should have received? We divorced in 2002 and he sold our home in 2003. He refinanced shortly after I moved out too to make matters worse. We lived in Minnesota at the time. I now live in South Dakota but he is still in MN. Thank you.
1 Answer from Attorneys
Re: Sale of Home & Divorce
You signed off on the divorce, you have to live with it. Nearly EVERYONE is under emotional stress when they sign divorce decrees, that's no reason for the court to change anything.
The time to have changed it was within the appeal period for the original judgment of divorce, which is long past.