You would indicate in the agreement that you are going to separate contemporaneously with the execution of the Agreement. Generally, that must be within thirty days of the execution of the Agreement.
You can classify this payment as a distributive award or in a paragraph regarding the division of the debt.
If he is going to make the distributive award payments to you over time you will need to reflect that in the agreement. In addition you may want to secure those payments by taking a lien on the former marital residence.
You can put a paragraph in your agreement stating that you will divide your personal property in another agreement and that you both reserve the right to litigate that issue if you cannot agree.
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
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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