What would void the Property Settlement during the


Dear whitemich:

Greetings. This sounds like a very strange arrangement:

  1. No, unless he claims that he never left and that you reconciled at some point.

  2. No, unless he moves back in.

  3. No, sex does not void the separation agreement.

You should have an attorney review your agreement to see about the reconciliation clause, etc. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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


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.


My Husband and I seperated, with a Property Settlement and Decree of Divorce, that we agreed to ammicably. Neither of us used an Attorney. We signed the legal documents before a Notary and had them filed with the County Court House.

My Husband moved out of my home and in with his Brother. He has no visable signs of that residence or employment. He does not pay rent or receive mail there. He works for himself, and does not show an income. I am paying his vehicle payment as I agreed to, for 6 months.

He moved out clothes and some belongings, but has left behind a car he is restoring that needs to be garaged, tools, and some of his clothes. In our settlement, he did not take any of the household furnishings.

He is here every weekend while I work and takes care of the children. He takes care of the yard while he is here. This could be percieved that he still live’s here.

  1. Does his personal belongings being in my home effect the legal documents signed?

  2. If we do reside apart and work toward reconciliation, through counseling or another means, does this void the legal documents?

  3. If there are congical relations, at any time, during the seperation period, does that void the Property Settlement?

Someone mentioned to me today, that the Property Settlemnt could be renegotiated, if there were any signs of reconciliation. I decided to take the entire year to evaluate our relationship, to see if there was any hope. We have been seperated before and have had couseling. I do not want to do anything to intefere with the Financial Agreement that was filed. Please advise.

Thank you very much.