Separation Agreement


#1

Hello,

Approx. 8 months ago I separated from my common-law partner. We had a separation agreement drawn up which stated that if I could re-finance the home we shared with our bank successfully, I had to pay $12,000 to my partner once the home was transferred to myself as well, once the vehicle we shared was transferred to him and my name was removed from the loan on said car. I attempted to refinance the home on myself but the bank would not approve. I carried the mortgage on my own for 8 months until I offered the home to my ex to have himself. He did not want to take over and we both agreed to sell the home. The home is in the process of being sold and will close within the next month. My ex has told me that I still have to pay $12,000 to him even if there is very little monies left over from the sale.

Is this in fact true? I have looked over our separation agreement and I have found that multiple things have not been followed by him and not completed. Does this make the agreement void? Since the home is being sold and there is no mention of that in this agreement does that make the agreement void? I was under the assumption that any of the left over monies after the sale of the home would be split 50/50. My ex is also saying that I owe his family money for renovations that happened when we first bought the home, even though I have a “gift letter” stating that those monies given to us were a gift, which is signed by his mother.

Thank you.


#2

North Carolina doesn’t recognize common law marriages. To give any specific answers about language in your separation agreement, I would need to have a consultation with you and review the wording of the agreement and discuss it with you to fully understand whether his breaches are material in nature.