If all of this is written in the Separation Agreement then he is bound by it. You can also have the SA incorporated into the divorce. My advice: Make sure you have documented proof of everything he has agreed to. It will be much harder from him to wriggle out of if it is not in writing - witnessed if possible.
When he files divorce papers, if the house has not sold at that point, can he then try to make me pay more than 50% of the mortgage? Or is 50/50 the law in NC? Or will everything in the seperation agreement be transferred over in the divorce?
Greetings. If you have a signed separation agreement which clearly states your duties and obligations (like who pays how much of the mortgage) and he violates the same, then you can recover the funds from him through a breach action.
Make sure that your separation agreement has an attorney fee paragraph that informs you who will have to pay the attorney fees in the event of breach.
Are you doing everything you can to sell the house?
Finally, I would remind him of your remedies and the fact that you can sue him in NC and make him drag his sorry behind back here. Thanks
By the way RON - all separation agreements have to be signed before a notary to be valid. Thanks
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
My husband and I have been seperated for almost 1 year. We have signed seperation agreement which states I will live in the home until it sells. He moved out of state when he left the home. We also agreed that we would pay 50% of the mortgage and 50% of the payment on a vehicle we own that I currently have posession of. Can he legally make me pay more than 50% of the mortgage if it is in both of our names? Even though I live here and he left the home? He seems to think he can, or is trying to make me believe he can. Any advice would be appreciated.