Knowledgeable Property Division Attorneys in North Carolina
At the David W. Martin Law Group, our North Carolina family law attorneys understand when couples divorce, they are essentially starting over. To make the transition easier, each spouse will typically do all they can to claim their share of the marital property.
Whether your divorce is amicable or contested, sometimes it is simply hard to let go of property you believe you are entitled to. We can help reduce the frustration involved in these proceedings, so you know how the North Carolina property division law applies to your unique divorce circumstances, so you can move forward with confidence.
What is the Difference Between Community Property & Equitable Distribution?
When it comes to divorce, most couples believe the property acquired during the marriage will be split 50/50, using a legal principle called “community property.”
North Carolina’s property division law is different than most states, as it falls under the principle called, “equitable distribution.”
The main difference between community property and equitable distribution is that in community property states, there is an absolute 50/50 split of all property acquired during the marriage.
In equitable distribution states, like North Carolina, more assets may be considered “marital property,” but the split is not necessarily 50/50.
This legal standard gives the North Carolina family courts the latitude to distribute property using a weighted approach.
For example, if one spouse can make an argument that his or her contributions and efforts in the marriage should net a larger share of the property, the notion may be considered.
Having a knowledgeable North Carolina divorce and property division attorney by your side may help change the outcome of your case, so you can start anew comfortably.
Our experienced family law attorneys in North Carolina represent clients in the following legal matters:
- Alienation of Affection
- Child Custody and Visitation
- Child Support
- Domestic Violence Orders of Protection
- Father’s Rights
- Parental Relocation
- Prenuptial & Postnuptial Agreement
- Separation Agreements
What is the Difference Between Marital Property, Separate Property & Divisible Property?
When couples get divorced in North Carolina, the courts will assess their total assets, debts, and other property and divide them into three categories (when applicable).
First is the marital property, which accounts for all the property the couple acquired during the marriage.
Next is separate property. This property can include any property owned by either party before their marriage, or property that was acquired from an inheritance or as a gift from a third party during the marriage.
Finally, there is divisible property. Divisible property is generally defined as the value changes in marital debt or assets occurring post-separation. This could include increases and decreases in interest and financing charges.
Since the court will consider the date of marriage in the determination of debts and assets, the date of separation becomes equally important. When the property the couple acquired appreciates or depreciates, it will be important to examine the value of the marital property before and after legal separation as part of any ruling on divisible property.
How Can I Prove I Deserve a Larger Share of the Property Division During a North Carolina Divorce?
If you and your spouse cannot agree on property division details, either in private or during mediation, the court will decide for you during litigation.
If you believe you are entitled to a larger share of the property division during a North Carolina divorce, we can help build your case, and present the necessary evidence to the court.
The court will consider the following factors, and any others it deems just or proper to make property division decisions.
- The length of the marriage
- The age and health of each party
- The income, property, and debts of each party
- Use of the marital home for the custodial parent
- Whether marital and divisible properties are liquid or non-liquid
- The efforts that each spouse contributed to acquiring marital property
- Contributions that increased the value of any separate property
- Contributions that one spouse made to the other’s education or career development
- Actions by either party that either preserved and increased or wasted and devalued assets
- The difficulty of evaluating any interest in a business or any assets the business owns
- The expectation of pension and retirement benefits that are separate property
- Support obligations from past marriages
- The tax consequences to each party
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.
No matter which side of the argument you are on, our skilled property division lawyers in North Carolina will carefully plan and execute a legal strategy that is designed to reach your personal objectives.
Whether we are negotiating your family law needs outside the courtroom, or aggressively advocating on your behalf inside the courtroom, our highly trained North Carolina family lawyers offer personalized attention that ensures open and honest communication at every stage of your case.
Contact Our Skilled Property Division Attorneys in North Carolina Today
At the David W. Martin Law Group, our property division attorneys are here to listen to your marital and 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.