Legal Question in Family Law in Washington
Change Divorce Decree?
14 mos. after my divorce, I've uncovered a notarized quit claim deed where, after we married, my husband signed the house he owned before we married over to me & himself as a married couple. During our divorce mediation, my husband said he was the sole owner of the house (which he sold during the marriage). I did not know of the existence of the quit claim deed. Is it possible to re-open the divorce and reevaluate the division of assets? He made over $100,000 in the sale of the house. Thank you.
1 Answer from Attorneys
Re: Change Divorce Decree?
It is possible that the court will relieve you from the divorce decree (i.e. re-open the divorce) if the decree was based on fraud, misrepresentation, etc. If your former husband misrepresented the house as his, then you or an attorney acting on your behalf may file a motion with the court to relieve you from the decree. If successful, the assets from the sale of the home would then be subject to just and equitable division.
It is crucial that the motion to relieve you from the decree be filed within the appropriate period of time. If you would like assistance with this matter, please do not hesitate to contact me.