Separation agreement when will it be valid?


#1

Dear nowwhat,

If he made it impossible for you to leave the residence you may have a claim that your alimony should not be reduced, however it would depend on what your agreement stated specifically. If he owes you money based on the agreement he is legally obligated to pay you and you can sue him for breach of contract if he does not pay you. Do not give him the deed to the property until you have received your money. Even if you get a divorce that does not invalidate the Separation Agreement.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

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


#2

Thanks for the reply. Can he take his time in paying the settlement amount? Reading the separation agreement it reads like it is a buy out, can he be forced to sell the house?

Also since I had restraining order put on him and I was granted the writ of the residence doesn’t void separation agreement?


#3

Dear nowwhat,

The restraining order does not void the separation agreement unless the agreement specifically states that. I do no tknow if he can delay giving you the money, that would depend on what it says in the separation agreement, hopefully the agreement contains some timeline for him to pay you this money.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

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


#4

The separation agreement does specify a timeline in which he has to pay the $$$,$$$, but it does this “in the settlement of the wife’s property rights to the martial home located at “blah, blah, blah” the agrees to receive the lump sum of $$$,$$$. It is the intent of this agreement that wife will have no obligation to sign any deed to the foregoing until such time that $$$,$$$ is delivered to her.”

Which I think means the house is still equally mine and can be sold. Are there no timelimits on a contract? And would he be in breach of the contract since he cannot pay me the money within the year? (since the separation agreement is only until the divorce is final?)


#5

Dear Nowwhat,

I am not sure I understand your questions, let me try to answer.

The separation agreement remains valid even after the divorce is final. Unless the Separation Agreement itself specifies a time he has to pay you by, there is no specific date he has to pay youthe money.

If he fails to pay you it does not mean you have an ownership interest in the house, it means you can sue him for the money he owes you.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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

10925 David Taylor Drive, Suite 100
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

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


#6

I have signed separation agreement in place. My soon to be ex was abusive and I signed that I would leave our residence by the end of the month and if I did not I would take less in alimony.

Well the month I was to leave he tried to have me involuntarily committed and the police, doctors, etc highly recommended a restraining order on him. Because of all of the chaos going on in my life (I also have 2 young kids), I was not able to leave the home until the next mid month. Does the restraining order over ride the separation agreement since I was granted the martial home during the order? “wife agrees to vacate martial residence and agrees to do this at the she finds an alternative living arrangement on month day 30 or alimony will be reduced.”

Also, he is now threatening not to give me my settlement since he is now in the martial home. My agreement states this “in the settlement of the wife’s property rights to the martial home located at “blah, blah, blah” the agrees to receive the lump sum of $$$,$$$. It is the intent of this agreement that wife will have no obligation to sign any deed to the foregoing until such time that $$$,$$$ is delivered to her.”

Can he hold on to the house after a year and I get nothing? Will the courts make him sale the house? I obvoiusly was not giving him the house without something out of it.