Working out Quick Claim Deed and ED

We need to settle the issue on the martial home that STBX still lives in. He is likely unable to pay me equity out of pocket and does not want to sell the home. If I am willing to allow him to pay me the equity I’m owed in installments through a promissory note, and I sign the QCD, what is my recourse if he defaults on the promissory terms? We’ve been cooperative up to this point and I am willing to continue that course but only if I am protected if he defaults.

Your better option is to file an equitable distribution claim and state the equitable distribution payout terms in the court order. That way, if he defaults on the payments, you would be able to file a contempt motion against him. You can also further secure those payments by entering into a formal promissory note for the full amount owed to you.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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