How can I reopen my divorce case due to property description discrepancy?

Full question:

My divorce property settlement agreement was modified. There is now a discrepancy in the real property description. The discrepancy resulted from misrepresentation to me by my husband about the property's correct description. How can I get the case reopened?

  • Category: Divorce
  • Subcategory: Property Settlements
  • Date:
  • State: Arizona

Answer:

Generally, once a divorce property settlement is finalized, it is not easily modified. However, if there was fraud involved, such as misrepresentation about the property description, you may have grounds to reopen the case. Courts can vacate a divorce decree if it was obtained through fraud. To do this, you must show that the decree was indeed procured by fraud and that you were not at fault or negligent in the matter.

If there are marital assets that were not included in the original judgment, you might be able to file a motion to divide those assets. This can sometimes be done through the existing divorce case or may require a separate lawsuit.

For specific guidance, consider consulting with a legal professional who can help you navigate the process based on your state's laws.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can amend a property settlement agreement, but it typically requires mutual consent from both parties. If there are valid reasons, such as fraud or misrepresentation, you may have grounds to seek a modification through the court. It's advisable to consult with a legal professional to understand the specific requirements and procedures in your state.