When I got divorced my ex wife kept house bc she had custody of our 3 kids. When they turn 18 she needs sell house & give me 40%. Things have changed & I now have custody of 2 of my kids. Since this is a significant change in circumstance can I bring her back to court to change this original agreement? I want her to sell house now since she only has 1 kid!
Answer
Property division (and the where and when of your getting your 40% is property division) can be ordered only at the time the divorce decree is entered. Child support and alimony can always be modified later, but property division is a one time thing and can't be changed later. You could have provided a "what if" in the original decree, but not now.
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