Equitable Distribution in North Carolina

How do I divide all of the property I own with my spouse?

North Carolina is an equitable distribution state. An equal division of all martial property is typically considered equitable, although the court may consider factors which may make an equal division inequitable.

Martial property includes all property acquired from the date of marriage to the date of separation – with the exception of property that was inherited by, or gifted to, a particular spouse. Property is generally considered marital property if it was acquired during the marriage with marital funds (funds earned during the marriage by either party) regardless of which spouse has his or her name on the title.

Debts are also classified and distributed in an equitable distribution matter and may be classified as separate or marital.

You should consult with an attorney in regard to your assets and liabilities and any division of your assets and liabilities.

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