North Carolina Info
North Carolina Divorce Start Your Divorce Find Professionals North Carolina Articles Divorce Facts Divorce Grounds Residency Divorce Laws Property Division Alimony Child Custody Child Support Divorce Forms Grandparent Rights Forum North Carolina Products Divorce by County
North Carolina Property Division
Who will divide our property?
If you and your spouse are able to agree about the division of your
property, then your arrangement will be documented with a separation
agreement. If you are unable to agree, it will be necessary for you to go to
court. The court will not decide your property distribution case for a
period of time as the litigation process moves forward. During that time,
the individual with possession of the property will have the use of that
property unless a judge issues an order directing otherwise.
How will my property be divided by the court?
In North Carolina the process of dividing the property and debts of a
marriage is called Equitable Distribution. Equitable Distribution is a three
step process conducted by the court when spouses are unable to divide
property on their own. The first step in the process is "identification". The
court must determine which property is marital and which is separate.
Separate property is property owned before marriage, inherited property
and gifts. Separate property used to purchase jointly held real estate
becomes marital property. Most of the remaining property is designated as
marital property. The second step is "valuation". This is the assignment of a
fair market value to each piece of marital property. Frequently, appraisers
and other experts assist in this step of the process. The fair market value is
the amount that would be paid by a willing buyer to a willing seller. The
final step is "distribution". The court will distribute the property equally
unless there are factors present in your case which indicate that an equal
division would not be equitable.
What factors are considered by a judge?
Among the factors considered are:
Navigate: Home States North Carolina Divorce Source North Carolina Divorce Articles, News and Resources Property Division North Carolina Property Division
A woman, upon application to the clerk of court in North Carolina, may change her name to her maiden name, the surname of a prior deceased husband, or the surname of a prior living husband if she has children who have that husband's surname. A man whose marriage is dissolved by decree of absolute divorce may change the surname he took upon marriage to his pre-marriage surname.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
North Carolina Sponsor
|Your Right to Child Custody, Visitation & Support
Cover Price: $
Your Price: $17.95
You Save: $7.00
"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
|The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.|