A divorce property value may differ from the value of a property after divorce. If you were awarded property during divorce that changed in value or your ex was awarded property, you may be wondering what your rights are.
Property Values and Divorce Decrees
Property values are known to fluctuate, especially in a volatile economy. A proper divorce should take property value fluctuation into account. If it does not, an injustice may have occurred which could warrant modification of a decree.
When the terms of a divorce are unjust, or circumstances change after a divorce, it is possible to petition to appeal or modify your divorce decree. If you want your divorce decree changed, you either need to file for an appeal or a modification. An appeals court will usually only consider overturning a lower court's decision under exceptional circumstances such as when a lower court did not follow the law in making its decision.
A petition to modify your divorce decree can be filed if the circumstances have changed. The case where a property value has substantially changed after a decree has been finalized would likely be handled through this method. An attorney can help you handle the paperwork and hearing required for modification. A court has discretion to grant or deny a modification, so you will likely need to present evidence of compelling circumstances to get a modification. If the change in property values was unexpected, chances that a judge will revisit the issue may be improved.
Getting Legal Help
There may be some legal reasoning why your property settlement can be disputed. If you feel that an injustice occurred, it is important to consult legal counsel soon. The sooner you deal with the situation, the more likely that you will be able to get relief.
