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Articles Posted in separate property

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Is Property Acquired During Marriage Always Considered Marital in Equitable Distribution?

Equitable distribution can be requested in North Carolina divorces, which means the court will determine the fairest way to divide assets and debts rather than dividing property evenly. The presumption is typically that any property acquired during marriage is considered marital property and therefore is subject to equitable distribution. However,…

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Billionaire Vows: What Jeff Bezos’ Prenup Teaches Us About High-Stakes Marriage Planning

When the world’s third-richest person delays his wedding, people pay attention. Not just to the glitz and guest list, but to the legal mechanics behind the scenes. Jeff Bezos and Lauren Sánchez’s multi-day celebration, scheduled to begin June 24 in Venice, has drawn headlines not only for its opulence but also…

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Tax Evasion and Asset Transfer Between Spouses

In Cotroneo v. Commissioner the Commissioner of Internal Revenue determined that Cotroneo and her husband had a tax deficiency of $15,288 and a penalty of $3,058. The U.S. Tax Court heard the case, in which the issue at question was whether Cotroneo failed to report $122,500 of taxable IRA distributions,…

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Equitable Distribution and Debts in North Carolina

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…

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Does Equitable Distribution in North Carolina Mean an Equal Split?

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…

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Gray Divorce, Part 2 – Rupert Murdoch and Wendi Deng

Gray divorce—the decision to end a marriage later in life—is increasingly common among couples aged 50 and older. In our previous blog, we explored the gray divorce of Bill and Melinda Gates, focusing on mutual respect and discretion during the process. In this installment, we’ll look at the divorce of…

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Distributing IRAs in North Carolina Divorces

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…

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What types of property can be subject to equitable distribution?

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…

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Marital vs Personal Property in NC Divorce Proceedings 

In the intricate world of family law, the equitable distribution of assets during a divorce can often lead to contentious disputes. A notable example is the case of Roberts v. Kyle, Executor of the Estate of Roberts. This case sheds light on the challenges courts face when determining the classification…

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Can bankruptcy prevent you from recovering a spouse’s pension?

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…

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