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Articles Posted in separate property

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How Do North Carolina Courts Resolve Matters Across State Lines?

The US Constitution’s Full Faith and Credit Clause[1] requires states to honor certain orders from other states, including divorces, child custody, and spousal support. However, not every family law matter is straightforward, and moving to North Carolina from out-of-state may present some challenges and unexpected changes. North Carolina and Divorce…

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Complexities of Equitable Distribution in North Carolina Divorce

Equitable distribution cases involving high-net-worth parties and spouses with significant assets require careful consideration to classify, valuate, and distribute property. Each piece of property must be classified as marital, separate, or divisible as a first step in equitable distribution. Determining which category each asset belongs to can be a lengthy…

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Debt and Equitable Distribution in North Carolina

Property division can be one of the most contentious parts of a divorce. Further complicating this process is the fact that courts must determine not just how marital property should be divided but even what qualifies as marital property. Equitable distribution is an option in North Carolina divorces, but the…

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An Odd Development in Divorce

Achraf Hakimi is an unknown name to most Americans. However, in Europe and most of the world, he is famous as the starting right back for Paris Saint-Germain, one of the most famous soccer teams in the world, and he represented his home country, Morocco, in the latest World Cup.…

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Equitable Distribution and Separate Property

DONATI V. DONATI, 2023-NCCOA-________ (2023) (unpublished).  Facts: Husband and Wife separated and a claim for equitable distribution was filed by Husband, who claimed that he ought to receive more than fifty percent of all marital and divisible property. Husband contended that he sold his separate residence, a house owned before…

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How Court Treats Post Separation Payments, Part 1

Let’s suppose that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow and it can take some time for the court to reach your case. When it…

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Marital v Separate Property in Equitable Distribution

It is not rare in this day and age that a spouse “brings” a home into a marriage. This means that one spouse was the owner of a home before they got married. It also likely means that the spouse bringing the home into the marriage was paying the mortgage.…

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Reopening Evidence for Equitable Distribution

Shropshire v. Shropshire, 2022-NCCOA-441. Facts: Plaintiff and Defendant separated and initiated a case for Equitable distribution (ED). Pursuant to a pretrial Order, the parties filed affidavits for the ED trial. Both parties listed retirement plans under the “marital property” section of the affidavit. This included the Plaintiff’s 401(k) plan. Furthermore,…

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Disability Payments and Equitable Distribution

Wright v. Wright, 222 N.C. App. 309, 730 S.E.2d 218 (2012) Facts: Plaintiff and Defendant married in 2002 and subsequently separated in 2008. Defendant was a professional football player in the NFL. While playing football, Defendant suffered significant injuries, three of which were sustained while he was married to Plaintiff.…

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Washington State Decides Pets Are Property

https://www.seattletimes.com/seattle-news/a-first-for-state-court-of-appeals-kona-mr-bear-dogs-divorce-visitation-rights/ Our pets and divorce saga continues. Today we have a tale from the state of Washington that continues this trend. A couple that separated in 2018 owned two dogs together: Kona and Mr. Bear. At the time, they co-parented the dogs extensively, texting each other schedules, grooming appointments, trainings,…

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