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.
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
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