How to file a specific performance


#1

I would like to know the procedure for suing for specific performance to enforce portions of an unincorporated separation agreement in Harnett conty, NC. I was awarded a martial property in the separation agreement and the divorce decree references the separation agreement but my ex wife refuses to sign a quitclaim deed to remove her name from the title even though the separation agreement instructs her to do so. Also, she refuses to sign the tax form allowing me to claim one of my children on my taxes this year despite the separation agreement allowing me to do so. I am trying to figure what I need to file I court to enforce those sections of the separation agreement as a court order. I have paid several different attorneys and they seem to just want money and not to actually help me with the specific things I need. I read on your site that if an unincorporated separation agreement is breached then you can sue for “specific performance” but nothing tells me how to do it or what to tell a lawyer I need.


#2

You need to file a breach of contract lawsuit against your ex-wife and include in the complaint your request for specific performance, i.e. to force your ex-wife to perform the actions as stated in the separation agreement.


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.