Is a Separation Agreement Necessary?

The separation agreement would waive your inheritance and beneficiary rights, and waive any interest that either of you may have in the property in the possession of the other party. Even though items are titled separately, the other party may have a marital interest.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

So far it’s been a non-contested split. He does not know where I live, nor does he have any way to contact me except at work.

  • married 15 months
  • no children
  • marital home was husband’s previously / in his name only
  • vehicles are titled separately
  • only marital property is a timeshare; quitclaim deed underway to remove husband’s name from deed

In the situation described above, what would be the benefit of a separation agreement, since (as I understand it) legal separation does not technically exsist in NC?