Leading Prominent Property Division Attorneys in Charlotte, North Carolina
At the David W. Martin Law Group, our Charlotte family law attorneys know that one of the leading points of contention during a divorce is how the marital property will be divided between the two spouses.
While married couples may never consider what is mine and what is yours while they are happily living their lives together, the process of sorting through the shared property can suddenly seem frustrating and even overwhelming.
Our Mecklenburg County property division lawyers will explain each of the legal principles North Carolina courts use to divide marital property during a divorce, so there is no confusion about what to expect when outlining the details of the dissolution.
Is North Carolina a Community Property State?
North Carolina is not a community property state, but instead follows a separate set of rules for property division called equitable distribution — or the process of attempting to divide the couple’s assets fairly.
That means the North Carolina family courts have the leeway to change how assets get split during a divorce if either spouse can make the case that it is fair to do so.
Having a knowledgeable Charlotte divorce attorney by your side may change the outcome of your property division case, so it is especially important to work with an experienced family lawyer to ensure your rights are protected from the start.
Our Experienced Family Law Attorneys in Charlotte, NC Represent Clients in the Following Legal Matters:
- Alienation of Affection
- Child Custody and Visitation
- Child Support
- Domestic Violence Orders of Protection
- Prenuptial Postnuptial Agreement
- Separation Agreements
How Does North Carolina Classify Property During a Divorce?
During a divorce, the North Carolina family courts will classify the couple’s property into one of the three categories: Marital property, separate property, and divisible property.
- Marital property includes all property the couple acquired during the marriage.
- Separate property is any property owned by either spouse before the marriage or by that was acquired as a gift or inheritance from a third party during the marriage.
- Divisible property is any property that changes positively or negatively in value, including the marital assets or debts after the date of separation, and any income from marital property that either spouse received after their separation.
The property division process will move forward once all property is identified and separated into one of the three categories.
The North Carolina divorce court will begin the process with the presumption that an equal split between the parties is fair and then allows either party to submit evidence to rebut that assertion.
To alter the standard 50/50 split during the property division process, the courts may consider:
- The length of the marriage
- The age and health of each party
- The income, property, and debts of each party
- The efforts that each spouse contributed to acquiring marital property
- Contributions that one spouse made to the other’s education or career development
- Contributions that increased the value of any separate property
- Actions by either party that either preserved and increased or wasted and devalued assets
- Use of the marital home for the custodial parent
- The expectation of pension and retirement benefits that are separate property
- The difficulty of evaluating any interest in a business or any assets the business owns
- Whether marital and divisible properties are liquid or non-liquid
- The tax consequences to each party
- Support obligations from past marriages
The North Carolina divorce courts have the latitude to consider any other factor than those listed above it deems just or proper to make property division decisions.
At the David W. Martin Law Group, our skilled property division lawyers in Charlotte represent clients throughout North Carolina by thoughtfully and objectively assessing their cases to carefully plan and execute a legal strategy that is designed to reach their personal objectives.
We dedicate our legal skills and resources to ensure your property division objectives are aggressively pursued and your rights protected from the start.
Whether we are negotiating your family law needs outside the courtroom, or aggressively advocating on your behalf inside the courtroom, our highly trained Charlotte family lawyers offer personalized attention that ensures open and honest communication at every stage of your case.
Contact Our Skilled Property Division Attorneys in Charlotte, North Carolina Today
At the David W. Martin Law Group, our Charlotte property division attorneys are here to listen to your legal challenges, so we can outline all potential strategies that will allow you to pursue the best outcome for your case.
Call us at 980-265-9724 today to discuss your case and get the help you need.
Our family law attorneys represent clients throughout North and South Carolina and have convenient offices on both sides of the border to help provide the legal guidance and strategies our clients need to move forward with their new lives with confidence.