Question about separation agreement

North Carolina Divorce Law Divorce and Separation Answers
1

My spouse announced that it is leaving and will be seeking a divorce. In spite of my advocacy for a separation agreement (SA), my soon-to-be-departing spouse has put this off. Oh, we’ve talked, but no signed SA. (Note: For now, I will remain in the home and pay the mortgage.)

On the fast approaching “moving day,” I picture a truck pulling up, prepared to load furniture, etc.

My question: without a viable SA, must/should I allow any items (excluding personal effects) to go out of the door and into the moving vehicle?

My preference would be that, excluding personal effects, a SA would have to be formalized prior to distribution.

Thanks for any feedback.

2

Without a SA, it is up to you and her as to what you will agree to her taking when she leaves. You can refuse to allow her to take anything except for personal effects until such time as you can agree in a separation agreement (or in equitable distribuition if you cannot ultimately agree) as to furniture, etc.

3

Thank you, Ms. Russ.

4

You are most welcome.