Equitable Distribution

#1

The provisions of 50-21 apply only to equitable distribution actions.

Damages incurred as a result of a breach of contract may be obtained in an action to enforce the contract.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.

#2

This is a great site, not only for this forum, but all the information, cases, etc.
This is kind of tricky. In NC general statue 50-21, it talks about santions for purposeful delay in ED proceedings. I would like to know if that applies only to court proceedings, or to contracts as well ? Early on in my separation, a contract to sell a family owned store was written up, and along with that was a clause that our house was to be sold as well, with the money to go to marital debts. Well, the house got sold over 4 months ago. I have written to many creditors to settle, have got responses back. So far, I have heard nothing from my wife’s attorney, even though they are aware of this. There’s not enough money left over after paying the bank to pay everyone what they’re owed, and I’m just trying to pay everyone as fairly as I can. These debts have both of our names on them, and creditors will only give me a short time to respond. We’re just now getting around to the actual divorce, so no court ED proceedings are happening yet. There was no time limit in the contract as to the creditors being paid, but 4 months is a long time to be sitting on money that should go to them. Any suggestions as to what I can do ? I know mediation is a step, but I only have appx. 20 days to respond to over 15,000 of debt. Any help would be wonderful.