Equitable Distribution After Divorce


#1

A notarized agreement should be enough. The courts do not have to rule on equitable distribution unless the couple can not agree about division of property. This would include personal belongings such as clothes, pictures, toiletries…etc.
If she has not received child support or alimony and it is due, I suggest that she look into what can be done if she wants to receive any of this. The courts do not instigate this stuff, it has to be one of the parties involved wanting to pursue distribution and payments, then the courts can step in if they can not agree.
Good luck!


#2

If your father is willing to agree a signed and notarized agreement would be sufficient, however if they cannot agree, the issue would be decided by the court.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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#3

My parents divorced several years ago. The divorce was granted by a judge who declared in the order that equitable distribution, custody, child support, and alimony would be decided at a later time. Due to a host of reasons, none of this ever happened. The parents jointly own a piece of property in NC. Father is still in NC, but mother is in FL. Mother would like to own the property and feels like it is owed to her considering she never received anything else in the divorce, including alimony, child support, even her clothes and baby picture of me. Would she have to go through the court to get the property? Would a notarized agreement between mother and father be enough to settle?

Thanks!