Hartman v. Hartman

WHICHARD, Judge.

Defendant-husband contends the court erred in granting summary judgment in favor of plaintiff-wife. Specifically, defendant-husband contends summary judgment was not proper because a genuine issue of material fact existed as to whether the separation agreement disposed of the parties’ real property. We disagree.

This Court has stated:

G.S. 52-10 allows husband and wife to enter a separation agreement which “release[s] and quitclaimfs]” any property rights acquired by marriage, and that a release will bar any later claim on the released property. Such a valid separation agreement…