Sep Agreement

Sounds like she is in Breech of Contract if she is not abiding by the signed and notorized agreement you had. You could sue her for breech if that is the case.

If my understanding is correct…and YOU stayed in the house at separation time (and she left), then any improvements made after the date of separation wouldn’t be included in the increase of value. I MAY BE WRONG, but my understanding is that the equity at the time of the separation is what is based on the equitable distribution. Her interest in the house only includes the time that she lived there. Hopefully the lawyer or someone else will correct me if I’m wrong [:)]

The only way to end the agreement is by mutual decision. She would have to go to court to have any changes made. She is bound by the agreement she signed and if she’s not doing something she’s supposed to via the agreement, then she is in breech and can be sued by you.

My husband’s ex did much the same thing after we began dating because as she put it, she didn’t want me to have anything that was ever hers…
She ended up dropping the motion to have their separation agreement modified or renegotiated because her attorney told her that she would not win. She pushed to have an agreement signed and wanted it changed because she got greedy.
If your ex is not abiding by the agreement that she signed then she is in breech of contract and you can sue.
The ED is based on the date of separation for most things…home equity, finacial accounts…I’m not sure what would be considered divisible after the separation date…
If she’s wanting 1/2 the equity of the home since the improvements then she would also take on 1/2 the amount that has been owed on since the separation date.

A signed notarized agreement should be legally binding and if the agreement indicated that it is a final resolution of your property issues, it cannot be revisited in court. You should review your agreement with an attorney to ensure that it is legally binding and is a final resolution of all your issues.

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

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Chapel Hill, NC 27514
(919) 321.0780


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Separated almost a year, getting ready to file, with a signed and notarized separation agreement (both parties) from 4 months ago. I have made financial decisions and moves based on said agreement. Now she says she wants to ‘start over’ in financial mediation and ignore the agreement. Probably because I took on the risk of the house and have made significant improvements (at my expense and a ton of my hard work). I believe the agreement is fair and certainly don’t want to have to rehash everything. Can she protest the agreement and/or can I have it enforced (she stopped paying her half of the kids health insurance because she says we don’t have an agreement). thank you for this forum and the advice.