If you’re going through a divorce, you might be extremely anxious about how your property will be divided. At Carolina Law Group, our family law attorneys, led by Tommy Kellis, zealously protect our clients’ property interests. We consider it our duty to fight for your financial future, which depends heavily on a fair distribution of marital property. We understand the law, and we know how to fight for our clients’ rights. We bring to the court’s attention every pertinent fact that might make a difference in the way your marital estate gets allocated.
North Carolina is an equitable distribution state, which means that spouses are entitled to a fair but not necessarily equal portion of the marital estate. The difference with North Carolina law is that there is a presumption that a 50-50 split is fair, and any party arguing for a greater share of the marital estate must overcome that presumption with persuasive evidence.
Spouses are allowed to keep their separate property, which typically includes:
All other assets and debts accumulated during the marriage go into the marital estate and are subject to the equitable distribution process. A spouse can also argue that property that began as separate has been commingled and is now part of the marital estate.
If a spouse feels that he or she deserves more than half of the marital estate, they must ask the court to apply statutory factors in making that decision. For example, if one spouse did all of the earning while the other dissipated the estate through wasteful spending, the first spouse could argue for a greater portion of the remainder.
Spouses often disagree about whether assets or debt belong in the marital pool or whether one spouse is the sole owner. Other disagreements arise over matters such as:
Although each client’s situation is unique, our experience with contentious property disputes has given us a firm foundation for approaching a wide range of contested matters.
Property division concerns the rights of the spouses as owners of the marital estate. The rights of the children are of paramount importance in matters of child custody and child support but have little bearing on how property gets divided. The major exception is the treatment of the family home, which is a unique asset. The court recognizes the importance of stability in your children’s lives, and if the court concludes that continuing to live in the home is in your children’s best interests, the court can insist that the custodial parent be given possession, if not ownership, of the home.
The Carolina Law Group helps divorce clients in North Carolina resolve property disputes. Please call 252-636-3737 or contact us online to schedule a consultation at our New Bern or Morehead City location.