If omitted property is discovered after the appeal period, what action must be taken?

When omitted property is discovered after the appeal period in a divorce decree, maintaining a separate action in equity is the appropriate action to be taken. This is because the presence of omitted property not accounted for in the original divorce settlement indicates potential unfairness or injustice that needs to be remedied.

In family law, particularly in divorce cases, the intent is to ensure that all marital property is equitably divided. Once the appeal period has lapsed, courts typically do not have the authority to modify a divorce decree unless there is a new legal basis to do so, which is often established through a separate legal action. Engaging in a separate action in equity allows the aggrieved party to seek a fair division of the newly discovered property.

The other options are not appropriate responses because simply filing a new divorce decree would not address the issue of the omitted property but rather repeat what has already been adjudicated. The assertion that the property is forfeited does not align with principles of equity, where courts strive to ensure fairness. Lastly, automatically including the property in the divorce settlement without a separate process would undermine the need for judicial consideration of the equitable interests involved. Thus, taking a separate action in equity provides a viable legal framework to address the discovery of omitted property