Addressing ED on the Judgment


#1

First of all I want to thank you so much for your help. You consistently and promptly answer question after question with clear and to-the-point answers. Thank you!

I’m going to court on Tues. and it has been brought to my attention that I may lose my right to ED because it is not addressed in my Final Judgment (I downloaded a standard form off the net).

We’ve lived apart since 2008 and he’ll likely not be available to address ED until 2011 because he works out of town. My primary concern is the division of a piece of land that was acquired during the marriage. Both of our names are on it.
All else is already pretty well divided and can remain as-is, though I’m aware the distribution is unequal in his favor.
There is no separation agreement in place.

I have a paragraph in my complaint that states:

“That during the marriage, the parties have acquired real and/or personal property that is considered marital property, pursuant to N.C. Gen. Stat. § 50-20(b)(1), and after the date of separation, the parties have acquired property that is divisible property, pursuant to N.C. Gen. Stat. § 50-20(b)(4). Both classifications of property are subject to equitable distribution, which will be heard at a later date.”

I need to make sure this is addressed in the final Judgment, but where do I add it? Under “findings of fact”, “conclusions of law”, or at the end after the “hereby ORDERED, ADJUDGED AND DECREED that…” section?

Should I restate the entire paragraph as it appears in my complaint or would it suffice to simply state:

“That properties subject to equitable distribution will be heard at a later date.”?

And finally: If I totally screw this up and forfeit my right to ED, can this cause me to lose my rights as co-owner of the real estate?


#2

You need to file an amended Complaint that includes a specific request for equitable distribution in the prayer for relief. Your complaint merely alleges that martial property exists, but does not constitute a claim for relief in the form of the court ordering an equitable distribution.

The judgment can include the sentence you list above in the findings of fact and conclusions of law section, and the in the decree.

Even if a party failed to preserve a claim for ED, jointly titled land remains jointly owned, it just becomes more difficult to divide the same.