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  1. #1
    Join Date
    Sep 2016
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    Default Can You Enforce a Provision of Your Parents' Divorce Judgment

    A couple in North Carolina divorced, and their divorce decree states that the marital home is to be conveyed to their children. Sixteen years later, one of the children has investigated the deed and found out that the home and property taxes are still in the name of the parents. The parents stated back when they divorced that they could not deed the property to the children because there was a mortgage on the property. How can the child get her parents to transfer the property now?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Enforce a Provision of Your Parents' Divorce Judgment

    She can ask nicely?

    Even if we assume that she can bring a claim in court as an intended beneficiary of the divorce judgment, and that's not a given, the statute of limitations on the enforcement of a judgment is normally ten years in North Carolina, so she would appear to be time-barred in bringing a legal action. So if she truly wants to sue her parents, and risk being written out of the rest of their estate plan, she should take a copy of the divorce judgment and title documents to a lawyer for review.

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