Do I Need an Attorney for Property Division?

Property division is one of the most complex components of divorce, particularly if your marriage has complicated property issues to settle. You should take steps to make certain you receive everything you deserve in the divorce settlement by contacting a North Carolina family law attorney experienced in matters of equitable distribution.

Interim Distribution of Property during Separation

A motion for an interim distribution to either party may be made at any time after filing of the initial lawsuit. There is a presumption that the distribution should be made; the burden is on the other party to show good cause why it should not be made. The purpose of the presumption is to avoid one party having control of all the marital assets prior to a final distribution. The amount of the...

Unequal Distribution of Assets

While marital property is generally divided in equal amounts between the spouses by North Carolina courts, an unequal division is sometimes granted. There is a presumption in North Carolina that an equal distribution is equitable. If a judge finds otherwise, there must be specific findings of fact to support his or her division. The 12 statutory factors (§ 50-20) that influence whether or not...

How Property Distribution Works

In the equitable distribution process in North Carolina, four steps must be taken. First, the assets and debts must be identified. Second, the assets and debts must be classified as either separate, marital or divisible. Third, assets and debts must be valued. The fourth and final step is to fairly distribute the assets between the spouses. Property is classified as being either separate...

Protecting your Assets before Distribution

If there is a trust issue or acrimony with your ex-spouse, you may want to take immediate steps to protect your property from theft or concealment before distribution. You may be well advised to withdraw and secure at least half your bank or other cash assets to safe-guard your interests. You can also have your lawyer obtain a court injunction to prevent any wrong-doing by your ex-spouse...

Equitable Distribution of Marital Assets

If you and your ex-spouse have not worked out how your property will be divided in a separation agreement, the alternative option is to file a lawsuit and have your property divided by the Court. This process is known as the “Equitable Distribution of Marital Assets.” In a private separation agreement, you and your ex-spouse may divide your property however you wish. If you do not have a...

Alimony, Property Division, Child Custody and Support

During the separation period and prior to the divorce being granted, couples typically begin dealing with settlement issues such as child custody and support, post separation support and division of property. It is important to understand that if claims for certain rights are not filed before entry of the divorce decree occurs, entitlement to those rights are lost. Claims which will be barred...