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.

Related Topics:
1 Lawyer Answer
James Williams Hart
James Williams Hart
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.