Property Settlement

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.

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

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


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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?