Statute of limitation on private contract

[mortyrb]

What is the name of your state? utah

background: i was divorced in april 1994 and had to sell my home because of a career move. i signed a private agreement with my x-wife that i would pay her a portion of the profits after the sale. the home sold in april 1996 and i paid her a smaller portion of the proceeds then we agreed upon. she did not pursue the remaining portion of the agreed amount until now (13 march 2003). the contract was not part of the divorce decree but a side contract in order to get the home in my name. the contract reads " when i sell the property at said address, i agree to pay x-wife $$$ from the profits. if after ten years i do not sell said property, i agree to pay x-wife $$$ from other sources. (names and amount withheld)
my problem: she just sent me an unofficial letter asking for the remaining portion of the agreed amount-it has been almost 7 years since the home sold.
my question: is the contract past the statute of limitation in utah for her to legally collect the remaining portion of the profit.

 

[LawMan out west]

six years

The statute of limitations in Utah for an action brough to enforce a written contract is six years from the date the claim accrues. The actual time may be longer depending on the circumstances, including when she actually got notice that you sold the house. The statute of limitations on judgments, including divorce decrees is eight years, so if this agreement was in any way part of the decree she still may have a case if she files before the end of the eighth year.

Either way she will have a hard time enforcing her claim if she doesn't file very quickly. Most likely the suit would not be timely unless there was some reason or excuse for her not knowing about the claim.

Utah Code §78-12-23.

 

[mortyrb]

Thanks for the reply... She was told of the house sales the week of the closing. I don't think that she has any right to file a claim at this time. This private, hand written, contract was in no way part of the divorce action. It was written after the divorce was finalized. Thanks again for the advice.