I was divorced in 2001 and in 2005 my attorney filed a motion to enforce and obtained a judgment for the property that was awarded to my ex. I did not get a writ of execution as my ex-husband kept intimidating me and threatening me with harm and threatening to end his life. In July 2018 we were in court as my ex-husband now claimed that the property was his as my judgment statute of limitation had run out and the judge agreed. I just stumbled upon the judgment nunc pro tunc and want to use it to correct the divorce decree and void the 2005 judgment as the court cannot transfer property to me and file to enforce. Ex was to sell/refinance property within a certain amount of time in 2001 but did not do so. Can I still pursue my award now as he has not refinanced or sold to pay me off and take me off the mortgage? Title is still in my name. He agreed to relinquish rights in 2009 and he offered to purchase property early in 2018.
The court may make a judgment nunc pro tunc at any time but may only correct clerical errors made in entering the judgment. For example, if a trial the judge renders a decision stating how your property will be divided, and she states from the bench that a specific Ford F-150 truck is awarded to husband, then everyone signs off on a final decree stating that the Ford F-250 is awarded to husband, the Court could issue a judgment nunc pro tunc to change Ford F-250 to Ford F-150 in a nunc pro tunc decree. The Court may not, however, issue a judgment nunc pro tunc awarding the F-150 to the wife. That would not be a valid nunc pro tunc. If you signed a final decree that stated the house was awarded to husband, the court may not change that award by doing a nunc pro tunc unless the court had previously rendered a decision that the house was awarded to you. Forgive me if I misunderstood your question.
While I appreciate the opportunity to weigh in on your question, I am not your attorney. I recommend that you consult with an attorney in your county to get advice specifically tailored to your circumstances.
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