When a spouse passes away, North Carolina law entitles the surviving spouse to a portion of the deceased spouse’s estate. The specifics will vary depending on estate plans, how property is titled, and a variety of other factors, but the state’s laws give spouses the right to claim an elective…
Property can be classified into various categories in North Carolina divorces, including marital and separate. Equitable distribution will handle these types of property differently. In most situations, separate property is not considered to be part of the marital estate and is not divided between spouses. However, the way spouses use…
In divorce cases involving equitable distribution in North Carolina, courts will sometimes order that one spouse pay a distributive award to the other. These awards are intended to balance out or make equitable the division of property distributed to each spouse. However, a spouse’s ability to pay a distributive award…
Assets like real estate and bank accounts may be the first types of property to come to mind when thinking about equitable distribution in divorce cases, but debts can also be distributed in North Carolina divorces. In the case of Read v. Read, Husband was ordered to pay a percentage…
Equitable distribution is part of a North Carolina divorce if one or both of the spouses request it. This process allows marital property to be divided in a way that is fair and just, and there is no standard division template. Each case is unique, and property and debts will…
Equitable distribution in North Carolina can involve numerous types of marital property and hybrid property, including real estate, bank accounts, investments, vehicles, and personal property like jewelry. Retirement accounts are also a common asset that courts are asked to divide in divorces, but distributing certain retirement plans comes with complex…
Equitable distribution is a process in which the court, rather than dividing everything 50/50, determines what a fair division of the spouses’ property is. In some cases, an even split is equitable, but when a fair share is not equitable, the courts have the ability to divide the property unevenly.…
How to divide marital assets and property is one of the most hotly-contested aspects in divorce proceedings, and the principal of equitable distribution governs the process of this division. While dividing up assets like a house, car, or other tangible property may seem simple enough, there are other assets like…
Bankruptcy can complicate family law proceedings, especially when trying to determine what assets will be distributed. Normally, bankruptcy can be used to shield certain properties from being included in divorce proceedings. However, certain types of assets will not be excluded because of one spouse declaring bankruptcy. If your former partner…
When trial courts enter orders in family law matters, such as alimony orders or equitable distribution orders, either party may appeal as long as they meet the requirements. There are various stipulations, such as rules about appealing interlocutory or temporary orders, but the general rule is that orders entered by…