The drama continues..

[tarheel247]

What is the name of your state? NC

So my divorce and my bf's divorce are final..however the bf's ex is still saying he's breaching her contract. He still hasn't given her the deed to her home that she is living in at this time. The papers said he would do so after the divorce. But we had a housefire so things got misplaced. Now that things are getting back in order he is working on getting that done. But is he "breaching" the contract by not getting that to her? Divorce was final July 23.

The other thing is that the third set of sep papers said the ex could have everything in the house that was not mine or the husbands. Everything was both ours. But she is saying that the stuff that is his is "marital property". All three papers say the following:

Personal Property: The parties will divide their personal effects and clothing. Once the personal property is divided, the wife shall own as her separate property all personal property in her possession and the husband shall own as his separate property all personal property in his possession herein for the distribution of marital property are equitable and fair, reasonable and satisfactory to the husband and wife and are made in full and complete satisfaction of any and all claims which each party may have against the other party or the property of the other party under present and future laws relating to the distribution of marital property. Each party accepts the provisions herein made for them in lieu of and in full and final settlement and satisfaction of any and all claims or rights that either party may now or hereafter have against the other party fro support and maintenance or relied upon the representations of the other party concerning a complete and full disclosure of all marital assets in accepting this property settlement and it is understood and agreed that this provision shall not constitue a waiver of any marital interest either party may have in property owned but not disclosed by the other party at the time this Agreement is executed.

Marital Property Waiver: In accordance with N.C.G.S 50-20(d), the parties hereby acknowledge that the provisions

Partial Invalidity: The husband and wife agree that if one portion of this Agreement is found to be infalid, then the invalididty of that portion shall not effect the right of either party to enforce the other portions of the Agreement.

There is a little more to the paragraph but just about hiding property..which is not the case here. So with that said...is the stuff he has "marital property" or his property? According to the first paragraph it is considered his...right?

Edit...not sure what happened to the Marital property paragraph. I typed the whole thing..but anyway...

 

[LdiJ]

He needs to get her the deed ASAP....obviously he also needs to give her a quit claim deed if he is listed on the current deed. Dragging his heels is pointless and may simply cause problems for him later on.

What specific property is he trying to claim is his "personal" property rather than marital property?

 

[tarheel247]

What specific property is he trying to claim is his "personal" property rather than marital property?

Just the furniture that she didn't take when she left. That would be couch, loveseat, chair, two recliners, bedroom set, two trees, a big flower picture, two lamps, two buffet/sofa tables, computer and desk. He bought her an exact living room set and a recliner to match his when she left so he could keep the one he has. She doesn't need the furniture. Doesn't have room. She wants it so he doens't have it I guess. When she left she took everything she wanted. When I met him he didn't have much left. Just what is listed above. Now she wants it ALL.

 

[LdiJ]

Just the furniture that she didn't take when she left. That would be couch, loveseat, chair, two recliners, bedroom set, two trees, a big flower picture, two lamps, two buffet/sofa tables, computer and desk. He bought her an exact living room set and a recliner to match his when she left so he could keep the one he has. She doesn't need the furniture. Doesn't have room. She wants it so he doens't have it I guess. When she left she took everything she wanted. When I met him he didn't have much left. Just what is listed above. Now she wants it ALL.

Furniture is NOT "personal property". Therefore it would fall under the provisions of the marital property paragraph, which you did not post.

 

[tarheel247]

that paragraph states:

In accordance with NCGS 50-20(d), the parties hereby acknowledge that the provisions herein for the distribution of marital property are equitable and are fair, reasonable and satisfactory to the husband and wife and are made in full and complete satisfaction of any and all calims which each party may have against the other party or the property of the other party under present and future laws relating to the distribution of marital property. Each party accepts the provisions herein made for them in lieu of and in full and final settlement and satisfaction of any and all claims or rights that either party may now or hereafter have against the other party for support and maintanance or for the distribution of property.

So are you saying she can get everything?

 

[nextwife]

Furniture is NOT "personal property". Therefore it would fall under the provisions of the marital property paragraph, which you did not post.

Furniture purchased DURING THE MARRIAGE is marital property. Property brought to the marriage may not be marital. Inherited or gifted furniture may not be marital either.