My husband and his ex wife divorced two years ago. There are very inadequate lawyers in NC so they had an unincorporated separation agreement. There divorce decree mentions the separation agreement but it was never signed by a judge. The problem is that the ex picks and chooses which pieces she wants to follow. The separation agreement stipulates that my husband absorbed full financial owenership of a property in Oklahoma. The ex’s name is still on the title and she has convinced the tentant to stop paying the mortgage payments on the house. The current tenant has lived there for the past 10 years. The ex wife name is on the title but not the mortgage. The OK register of deeds said the separation agreement would be enough to remove her name from the title of the legal description was in there rather than just the address. We submitted a quitclaim deed to the ex but she refuses to sign it. She also refuses to allow my husband to claim one of their children on taxes which is in the agreement as well. My question is how does one file a motion to compel and/or show cause to get the quitclaim deed signed and how to force her to allow him to claim one child as stated in the agreement. We have been the lawyer route and they just don’t care. NC lawyers say call OK. OK lawyers say call NC. We have talked to Harnett county and nothing. So now we have to pay the mortgage on the home and the tenant gets to live there for free until we can get her evicted. And if we get her evicted, we can sell or refinance the property if the ex won’t sign to do it. What can we do?
It is very common to have a separation agreement that is not incorporated into the absolute divorce judgment. When that is the case, and one party fails to do something required in the separation agreement, then the other party can file a breach of contract lawsuit against the party not doing what they are required to do. This would be filed in the county you currently live in. In contrast, if there is a court order and someone is violating it, then you would file a contempt motion. Your husband should include all instances of his ex-wife failing to follow the separation agreement, including any requirements regarding the Oklahoma property and claiming children on taxes, and he should list his damages for each item that she has failed to do.
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.