Apex, NC asked in Divorce for North Carolina

Q: How can I get my ex husband to follow through with our vehicle property notice?

While we were separated my ex and I created a vehicle property notice agreement which we both signed and had notarized prior to our divorce. He was to get the car refi'd in his name or sell it and pay the difference on the loan as of 12/5. He has not followed up with his end of the agreement. Divorce was final in Sept. 2018. It was uncontested so we did not have attorneys, I just filed in Wake County Courthouse in Raleigh, NC. The agreement was not included in my divorce decree. Is there anything I can do to enforce him living up to the agreement? Thank you.

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1 Lawyer Answer
James Williams Hart
James Williams Hart
  • Raleigh, NC
  • Licensed in North Carolina

A: If you do not file for equitable distribution prior to having your divorce entered, then you waive the right to have the family court decide this issue. However, since you have a written agreement, you may still be able to seek relief in the form of a breach of contract claim. I would recommend talking to a lawyer about how to go about this. Good luck.

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