What happens if the SA is not signed due to large disagreement and one of the sides wants to file for divorce in Durham County? I am concerned about the division of property and how this will be done after one of the sides files for divorce. I live in the marital property with the kids (more than 80% of the time, and the other parent doesn’t live in NC) with the intention to keep it because of the kids. The opposing side only pays child support and wants to remarry after divorce. I am not advised (by legal counsel as of this point) to request temporary distribution of property, but wouldn’t this be safer for me and the kids?
If you are unable to reach an agreement voluntarily, you will need to file a claim for equitable distribution. If this claim is not pending at the time the divorce is granted, you will lose your right to have the court divide the marital property and all property will be held as titled. If you file your action, you can also file a motion for interim distribution for the residence if you feel it is necessary. If there is no reason to change the status quo, you can also wait until the court makes a final determination of the division of the marital estate to address the residence.