In general, divorce rulings are usually final and binding on both ex-spouses. But, in some instances, there are cases where issues about property rights might linger long after the court has issued the final divorce decree. In rare cases like this, the court would try to resolve the issues and give each ex-spouse different property rights. The following are common scenarios that involve modifying property rights following divorce:
- In the event that mistakes were made during the divorce proceedings, the marital assets would need to be recalculated. The court would, however, need sufficient evidence proving that a mistake was made so that it would reevaluate the property rights.
- If one of the spouses commit concealment, fraud, perjury, or duress related to property distribution during the divorce, that spouse could lose their property rights, warns divorce lawyers in Santa Fe, NM. For example, concealing property to prevent it from being distributed during the divorce.
- A final divorce decree could likewise be appealed under specific conditions. For instance, if the court acquires new evidence following the divorce that would have affected the divorce’s outcome. An appeal could likewise be made if there was an abuse of judiciary discretion.
- If one of the spouses relocated in the middle of the divorce proceedings or near the conclusion of the divorce, it could impact the distribution of property. This is particularly true in either of the spouses relocates from a community property to an equitable division state.
There are a couple of ways to fix property rights issues after a divorce. Your first option would be to try and work things out with your ex-spouse and going to mediation. But if your ex-spouse doesn’t want to cooperate, however, you could file a motion with the court and request for a modification of the property judgment. To do this, you would need to demonstrate that an error or something extreme, such as fraud or any misconduct, occurred during the distribution of property. This is why you need to work with an experienced divorce lawyer in your area to find out the best remedies for your situation.