Question on Separation Agreement

Dear skylette0103:

Greetings. They can file a lawsuit against the couple. The husband can cross claim against the wife for breach of contract. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.

I am a student and am hoping to find some guidance with this assignment. Thank you! Here’s the scenario:

Jill and Sam Spade have worked for months to sell their home and purchase a new larger home in northern county. Their house closed on last Thursday at 4 p.m. They were to purchase the new home at 10 a.m. on last Friday, but the realtors failed to understand the transaction with the following consequences: The seller who signed the listing agreement was not divorced and the ex-wife has now refused to sell, even though she has previously signed a separation agreement agreeing to do so. The Spade family is now living in a former accountant’s office and is hoping not to spend long in that location. They want to know what we can do for them and how quickly this matter can be resolved.