A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law.
Separation agreements must be in writing (not verbal), must be signed by both parties, and both signatures must be notarized. Can a separation agreement include decisions about child custody and child support? Yes, you can include provisions about child custody and child support in a separation agreement.
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.
What Not to Do During Separation in NC? Don't Move Out Without a Separation Agreement. Don't Hide or Misuse Marital Assets. Avoid Making Big Life Changes. Don't Badmouth Your Spouse. Make Informed Decisions During Separation.
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. North Carolina requires both spouses to live separately for one year.
A separation agreement is not valid in North Carolina unless both parties have signed and their signatures are notarized. For it to be valid, the agreement must be signed at or after the parties' separation. No one can compel a spouse to sign a separation agreement.