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Separation agreements must be in writing (not verbal), must be signed by both parties, and both signatures must be notarized.

The separation agreement is treated as a contract and can be enforced by any court in North Carolina through the court's contempt powers. The court does retain some discretion to modify the separation agreement's terms regarding child custody if the court finds that they are not in the best interests of the child.

Disposition of community property upon death. Upon death of a married person, one half of the property to which this Chapter applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this State.

Both spouses can only remove the other from the marital home with a court order. So, if there is no court order in place, they both have the equal right to remain in the house throughout the separation period. But remember, living together is not considered a separate residence.

Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement. A separation agreement is not proof of the parties' separation. It is not required for a divorce in North Carolina, and it doesn't make a divorce in North Carolina easier or more difficult to obtain.

Chapter 50-13 of the North Carolina General Statutes defines marital property as ?all real and personal property acquired by either spouse during the course of the marriage and before the date of separation,? and the property must be ?presently owned?.

(1) "Marital property" means all real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of the separation of the parties, and presently owned, except property determined to be separate property or divisible property in ance with subdivision (2) ...

0106 requires all licensees to A... immediately, but in no event later than five days from the date of execution, deliver to the parties thereto copies of any contract, offer, lease or option affecting real property.

Is marital property always divided 50/50? Not always. North Carolina law presumes that an equal (50/50) division of marital property is ?equitable,? or fair.