ED was set via mediation about a year ago. I agreed to give a lot of collectibles to my ex and listed specific ones. In the form, it is worded under joint property as “some are joint, others are separate”, but not listed under the separate property category at all.
My ex says that means I should give up all collectibles except the ones I specifically listed, even ones that I purchased post separation but before ED, childhood ones, and ones bought specifically for my own children by their grandparents prior to Date of Marriage. This is even meant to include collectibles belonging to others that were in the home but not either of ours belonging to my friends. I have evidence of which were purchased not during the marriage. I believe those were not under discussion for ED and that the clause that some are separate means we agreed that the ones not purchased during the marriage are separate property. They are not worth a lot of money, but have sentimental value to me and I would prefer not to give them up; for instance, one is a commemorative item for my mother’s death.
Who is correct here?
The wording of “some are joint, others are separate” likely means that the jointly owned items are being divided but the separate property items (acquired before marriage, after the date of separation, by inheritance) are not to be divided. Your spouse would have no legal basis to gain possession of items that are your separate property.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
ED is “equitable distribution” which is to the process for property division in a divorce.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.