Property Settlement


#1

If a claim for Equitable Distribution is not filed prior to absolute divorce being granted then neither spouse can go back afterwards to make that claim. If she files a claim for ED prior to the divorce being granted and asks for these items then it’s possible ED would need to go through court and these items be decided on.

If she does not file for ED then you are using the agreement as ED. If these items are in your possession and not on a list, it’s your decision about whether or not you want to give them to her.

My husband’s ex did much this same thing and even ask for more items after their agreement was renegotiated. I will tell you the same thing I told him. If you give in on this item then next week she will think of something else that she “should” have gotten and it will be neverending. If it’s not that important to you, and you don’t care, then give it. If it’s something that you do not want to give up, then stand your ground and tell her no.


#2

If the property settlement states that it is a final division of your marital property, then you do not have to give her any additonal items. Whether you should or not, depends on whether or not you have children and wish to preserve the relationship with her, and whether these items are actually important to you.

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

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Charlotte, NC 28262
Main Phone: (704)307.4600
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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.


#3

My wife and I seperated in Oct 2006 with a formal seperation agreement signed by both of us. Included was a list of property for each. The list did not include all items, only those items which we each really wanted. I am living in the house and making the payment until it sell at which time she will receive the proceeds. She is now asking for items which do not appear on either list. I believe since they are on no list and they are in my possession in my residence they are mine. Can I go into her residence and identify items which are not on either list and claim them? She has just filed for divorce stating all property issues have been agreed to.

Any thoughts?

Thanks