Whether delay in filing for a declaratory judgment about one’s rights in the former marital home amounts to a relinquishment of those rights will depend on the circumstances of the case in question, and the court has discretion over the matter. The Supreme Court has held that delay in itself does not amount to an obstacle preventing a former spouse from filing for a declaratory judgment regarding property rights. In the late 1980’s it held that it was “unjust” to say that a family member who took no interest in his formal rights had given them up if he only became interested in them because they became “relevant” due to a change in circumstances.