Kristopher S O'Leary v. Christine a O'Leary
321 Mich. App. 647
| Mich. Ct. App. | 2017Background
- Parties divorced in 2003; judgment provided they would continue to own the marital mobile home as tenants in common, the house would be continuously offered for sale, defendant would make payments while residing there, and upon sale/defendant moving, indebtedness or profit would be shared equally.
- Defendant moved out in September 2007; court ordered plaintiff to pay defendant $5,927 in October 2009 for plaintiff’s share of certain payments; order stated other orders remain in effect.
- The mobile home sold October 21, 2009, but sale produced a deficiency of $37,998.35 on the loan; plaintiff paid $24,543.24 toward that deficiency through January 2015; defendant paid nothing.
- Plaintiff filed a motion to enforce the divorce judgment on May 4, 2015, seeking a declaration that each party was responsible for half the deficiency ($18,999.17) and reimbursement for plaintiff’s excess payments ($5,544.06).
- Defendant moved for summary disposition, arguing the 10-year limitations period in MCL 600.5809(3) ran from the 2003 divorce judgment and thus plaintiff’s 2015 motion was time‑barred; plaintiff argued the claim accrued in 2009 when the home sold (or that the 2009 enforcement motion reset the clock).
- The trial court granted summary disposition for defendant; the Court of Appeals granted leave and reversed, holding the claim accrued in 2009 and the 2015 motion was timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did the 10‑year limitations period under MCL 600.5809(3) begin to run for a property‑settlement claim in a divorce judgment? | O’Leary: claim accrued when the home sold in 2009 (debt became due), so limitations runs from 2009 and 2015 motion is timely. | O’Leary: limitations began at rendition of divorce judgment in 2003; plaintiff should have sought a new judgment within 10 years (by 2013). | Court: claim accrues when money owing under the judgment becomes due (here, at sale in 2009); 2015 motion was timely. |
Key Cases Cited
- Peabody v. DiMeglio, 306 Mich. App. 397 (application of MCL 600.5809(3) where claim accrued at time of property sale)
- Gabler v. Woditsch, 143 Mich. App. 709 (divorce judgment claim accrues when payment provided by judgment becomes due)
- Rybinski v. Rybinski, 333 Mich. 592 (statute of limitations on judgment enforcement runs from time obligation becomes due)