Separation Agreement


#1

You can enforce the original court order, if the issue with the timeshare is dealt with in the original order and you did not make any changes to it after the divorce. If the settlement agreement is signed and notarized, it will likely be a contract that could be enforced, however, I don’t know the answer without reviewing it.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

The original Separation and Property Settlement Agreement was signed and notarized. It doesn’t specify that exact wording it just states the following:

"Likewise, all obligations for the payment of debts provided for herein shall remain in effect.

Sale Of Property. In the event of a sale, transfer, or conveyance of any real or personal property now owned or hereafter acquired by either of the parties, if (notwithstanding the mutual releases contained in this Agreement) either party to this Agreement is called upon to execute a deed, conveyance, bill of sale or other instrument conveying said property, then the party called upon will sign any such instrument which may be reasonably required or reasonably necessary to perfect title in the grantee of the property which is sought to be conveyed.

Specific Performance. Either party shall have the right to compel the performance of the provisions of this Agreement by suing for specific performance in the courts where jurisdiction of the parties and subject matter exists. Both parties acknowledge that neither party has a plain, speedy or adequate legal remedy to compel compliance with the provisions of this Agreement, that neither party shall be required to repeatedly file suit for any breach of this Agreement, that this Agreement is fair and equitable to both parties and that an order of specific performance enforceable by contempt is an appropriate remedy for a breach by either party."

The other issue is that one of the timeshares was acquired while we were married and the other was acquired after we divorced in 1999 but started living together again for the next six years. Does she have to comply with the original Divorce Order for both of them?

Thank you.

CDD


#3

I cannot give an opinion regarding the language in your Separation Agreement without reviewing it as a whole. The provisions work together. In order for me to review the agreement, you would have to schedule a consultation.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

I wanted to add this to my last post but it wouldn’t let me edit. The divorce was final in 1999 and one month later we starting living together again as husband and wife (we never actually remarried) for the next six years until June 2005 when we finally split. We didn’t go back to court but instead drafted our “own” settlement agreement with regard to our debt. Now, she will not finalize dividing the two timeshares between us nor pay her half for maintenance fees. (She owes me for the last 1 1/2 years.) We originally agreed to sell them but it has been almost 2 years and they haven’t sold. Do the original provisions of our divorce decree still mandate how these issues need to be settled (ie each party agrees to sign documents to effectuate the sale or transfer of property?) I think I will be forced to take her to court to get it resolved. She is ruining my credit. Her credit is terrible so she doesn’t care.
Thank you.

CDD