Equitable Distribution – Property Division

How do we divide our marital property? What is marital property?

In North Carolina, the legal process of dividing property in the event of a marital separation is called “equitable distribution”. Contrary to its name, this process is not always equitable and property is not always actually divided. The process essentially works in three steps:

1. Identify property as marital, separate, or divisible (or combination). “Marital property” is any property acquired from the date of marriage until the date of separation.
2. Then the property is assigned a value based on credible evidence.
3. Finally the marital and divisible property is divided or distributed to one party or the other, with the legal presumption being in favor of an equal division. Naturally, for every law there are exceptions, and this case is no different (twelve factors for an unequal division in the statute). However, in most cases the division is equal. The law involving equitable distribution is very complex. There are exceptions to the rules and exceptions to the exceptions.

At Doyle and Doyle, we have boiled the process down to assist our client in managing their case. We are here to do the hard work. We assist our Clients in obtaining information about their assets and debts, valuation, and we then assist them in determining what is in their best interest to keep. We work very hard to ensure you are treated fairly in any division and that you have the information you need to get the outcome you deserve.

Do You Need a Raleigh Divorce Attorney Who Can Ensure You Receive an Equitable Distribution of Property?

Call our offices – in Raleigh and Knightdale – at 1.888.600.8834 to discuss equitable distribution or fill out our contact form and one of our divorce lawyers will be in touch shortly.