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.

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Answered on 9/10/99, 2:59 pm


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