I have a friend that is doing a DYI divorce. The only thing her and her husband have together is a doublewide that was bought together during the marriage. Even though it is in both their name she has made all the payments. The land was given to them by the wife’s father and was used as part of the payment on the doublewide. The wife had children from a previous marriage and the husband was convicted of child molesting of the grand children and because they live there when he gets out from Central Prison in Raleigh, NC he can not come on the property. He has stated he will give up all rights to property, but the wife wants some statement to this effect so he can’t make her sell or lay any claim to property if he changes his mind. Should she do a free trader agreement, equitable distribution affidavit adapted for Johnston County or can she just add it to the complaint and draw up an agreement where he agrees to withdraw all claims to the property? She has all her other forms and is ready to file for divorce and have him served…just needed help with that issue. Thank you.
She should draft a separation agreement with it detailed that he will have no interest in the property and that he will sign a quitclaim deed. She should also have a quitclaim deed drafted and have him sign that. If she is ready to file for divorce, she should file a claim for equitable distribution with her divorce complaint so that she preserves her right to have the court distribute the property in the event that he doesn’t voluntarily sign over his rights to it.
Thank you for your help…just one last question. Does she need to file the separation agreement with the divorce papers or does that have to filed first/separate from the divorce papers? They have been separated for way over a year. Thank you so much for all your help.
A separation agreement is a contract between the parties and does not need to be filed. It can be incorporated into a divorce decree, but that isn’t necessary. Whether you want an agreement incorporated really depends on the provisions contained therein and the enforcement options that she would want.
The big issue is either having the agreement signed before the divorce is granted or having the claims pending at that time.z