My friend is in ''separation mode'' in NC. Since his ex was unfaithful, he wanted the divorce. He, however, did not want to uproot or upset their child and therefor formulated a Separation Agreement with the wife. Since she wanted to stay in the marital home, he agreed to do a QuitClaim Deed. The clause reads ''
Upon the execution of this Agreement, Husband agrees to, by quitclaim deed, convey his interest in said property to Wife subject to the existing note and deed of trust encumbering the property, the balance of which Wife assumes and agrees to pay. Wife agrees to refinance said property within ninety (90) days of the signing of this agreement. Wife shall indemnify and hold the Husband harmless there from. Wife further agrees to assume financial responsibility for the mortgage on the marital property beginning the 1st day of January, 2009.''
Needless to say, she has yet to refinance. This is preventing him from obtaining a dwelling that he feels is well suited for their child to come visit in for the entire summer. What can he do?
1 Answer from Attorneys
Re: QuitClaim QUestion
If it is a "Separation Agreement", he would have to wait until the 90 days expires and then file a suit for specific performance. This is why I don't like separation agreements. The same thing could have been accomplished through a lawsuit with consent order but would have been punishable by contempt for failure to adhere......
See a lawyer ASAP....
Information posted for educational purposes only. No attorney client relationship created through the use of this website.
Related Questions & Answers
QuitClaim Deed Question... My friend is in ''separation mode'' in NC. Since his ex... Asked 3/16/09, 4:20 pm in United States North Carolina Family Law, Divorce, Child Custody and Adoption
Full Child Custody vs. Adoption I know this is going to sound strange but this is a... Asked 3/16/09, 3:44 pm in United States North Carolina Family Law, Divorce, Child Custody and Adoption
Electric power contracts If a husband leaves his wife and the electricity contract... Asked 3/16/09, 1:08 pm in United States North Carolina Family Law, Divorce, Child Custody and Adoption
Seperated and buying a new home Separated for 3 yrs now with signed agreement.... Asked 3/16/09, 11:05 am in United States North Carolina Family Law, Divorce, Child Custody and Adoption
Separation & Custody I am trying to separate from my husband and we both want... Asked 3/14/09, 9:15 pm in United States North Carolina Family Law, Divorce, Child Custody and Adoption