North Carolina Divorce Law – Raleigh Divorce Lawyer
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Quickly find the answers you’re looking for as it pertains to Property Division in North Carolina.
In distributing marital property, the court conducts a three-step analysis. Only the parties’ marital property, which includes both assets and debts, is to be distributed. An order distributing the parties’ property must contain written findings of fact supporting the court’s determination that the marital property has been equitably divided.
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Fault is not relevant in an equitable distribution proceeding, except to the extent that marital misconduct has had an economic impact on the marital estate. Where the equitable distribution factors make it equitable for one spouse to receive more (or less) than 50% of the net marital estate, a court’s award would be unequal, that […]
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Equitable distribution law presumes that an equal (50/50) division of the marital property will be equitable. Most judges in this state favor awarding each party fifty percent of the marital property will be equitable. Most judges in this state favor awarding each party fifty percent of the marital property, unless certain factors make a good […]
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Among the factors considered are: The income, property and debts of each party. Support obligations for prior marriage. The length of the marriage and age and health of the parties. Custody of children Expectation of retirement benefits which are separate property Efforts made by each spouse to acquire the property Contributions of one spouse to the […]
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Equitable Distribution is a three step process conducted by the court when spouses are unable to divide property on their own. Identification The first step in the process is “identification”. The court must determine which property is marital and which is separate. Separate property is property owned before marriage, inherited property and gifts. Separate property […]
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In North Carolina the process of dividing the property and debts of a marriage is called Equitable Distribution.
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If you and your spouse are able to agree about the division of your property, then your arrangement will be documented with a separation agreement. If you are unable to agree, it will be necessary for you to go to court. The court will not decide your property distribution case for a period of time […]
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With the exception of the two special technical provisions, an absolute divorce bars the assertion of a claim for ED that was not already pending at the time of the divorce. This bar has been interpretedrelatively strictly in case law.
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The rights to equitable distribution (“ED”) of marital property vest at the time of the parties’ separation. The rights to ED are not, however, automatic, but must be specifically asserted by one or both of the parties. Upon application of a party, the court shall determine what is the marital property and shall provide for […]
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The definition of marital property is found in section 50-20(b)(1) of the North Carolina General Statutes — all real and personal property acquired by either spouse during the course of the marriage and before the date of separation, and “presently owned,” except property determined to be separate property in accordance with the statute. The statutory […]
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