Property Division after Divorce


#1

If there is only a verbal agreement between them and they have quit claimed their interests to each other, it is unlikely that the domestic court will intervene at this point, he may have another civil action, however I cannot advise him as to what that would be.

If there is no court order preventing him from having contact with his daughter, the child’s mother should not be able to prevent him from going to the school.

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

ROSEN.COM

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.


#2

My husband and his ex-wife were granted an absolute divorce in 1999. Subseqently, one month after the divorce was final, she asked him to move back in and they lived together for another 5 years. During that time, they co-mingled their money, purchased property, etc. Their final split occurred in June 2005. Instead of going to a lawyer, the drafted their own “settlement agreement” that addressed only the debt they accumulated in those 5 years. It made no reference to the two timeshares they had purchased. They purchased these timeshares as husband and wife not tenants in comman. In 7/2005 they verbally agreed to put the timeshares up for sale but would continue to split the costs of maintenance fees and taxes and use the timeshares until they sold. In approximately September 2007, since the timeshares were not selling, both agreed that they should quit claim their interest to each other, with each taking one of the timeshares to do with what they wanted. This was all fine and well until my husband asked his her to reimburse him for the maintenance fees and taxes she had not been paying for the last year and a half. In retaliation for asking, she cut off all contact with the minor daughter (changed cell phone #, email, barred him from her school). She asked the lawyer her sister works for to help settle the dispute but she was never agreeable to anything that was proposed (even though it was in her favor.) She now told my husband that if he wants to get this done to “sue her in court.” Where does he go from here? We assume that none of this falls under the original divorce settlement or final order because they were not married at the time these properties were obtained. We assume that he will have to file a new court action but what kind of document would he file? Any assistance or direction is appreciated. Thank you.

CDD