This is listed on our separation agreement. The parties agree that prior to their divorce, Husband shall convey said property to Husband and Wife
as joint tenants with rights of survivorship, subject to the existing deed of trust.
Pro Se and filed for a motion to continue divorce hearing so we can get this taken care of before divorce is finalized. Is this a good cause to ask for a continuance and if divorce is finalized can I use this in SA to get it done.
Depending on the judge, it may or may not be reason to continue the divorce hearing. If your spouse does not contest the continuance, it will be more likely the judge will allow it.
You can still transfer real property after the divorce is entered.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Thank you
I filed a motion to continue but haven’t heard back if it’s granted or denied. If I do not show up and it’s a default judgement is issued, do I still have rights to file a breach of contract after the divorce is entered?
You will need to calendar your motion to continue for a date before the scheduled divorce hearing on be present on the scheduled divorce hearing date and be prepared to argue your motion to continue.
If you do not appear on the date of the divorce hearing, the divorce will be granted as long as all elements for absolute divorce are met.
You can still file for breach of contract (for breach of a separation agreement) even after an absolute divorce is entered.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.