Articles Tagged with Marital Property

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In North Carolina, a stipulation, in the legal context, is an agreement between the parties in a lawsuit. It is most commonly used by parties to extend deadlines for responding to discovery or to agree on a factual finding that is uncontested. It can be done to minimize costs in litigation, because there is no need to spend time proving something that is agreed upon. Good practice dictates that stipulations are written and signed by the parties and/or attorneys and then presented to the court. Continue reading →

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Desai v. Desai, No.COA20-435 (July 2021) (unpublished)

An interim distribution is an order of the court that can be entered anytime after the filing of the equitable distribution (ED) claim and before the final judgment on equitable distribution. In these interim orders, the court can classify, value, and distribute certain assets or debts. This partial distribution can also provide for a distributive award that one party pays the other in exchange for the distribution of an asset or debt. So how does this affect the final judgment? Below is a case that explains simply what should happen. Continue reading →

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Desai v. Desai, No.COA20-435 (July 2021) (unpublished)

Often in matrimonial cases, one party might question whether jewelry gifted to a spouse can be taken back in the property division phase of a separation and divorce. Jewelry and other assorted gifts often represent everlasting love and affection between spouses, so it is always slightly peculiar when one spouse requests the gift be returned. Below is a case about a special necklace given as part of a Hindu marriage celebration, and how our courts handled the issue. Continue reading →

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Vonhall v. Vonhall, (No. COA20-466) (unpublished)

In equitable distribution, clients often ask whether gifts to one spouse during the marriage is going to be subject to division. Below, we see a simple case example of how the law treats these gifts and the evidence that supports the legal conclusion: Continue reading →

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Crowell v. Crowell, 809 S.E.2d 325 (2018).

In North Carolina, Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. Sometimes property can be mingled in with third parties, such as in cases where either a trust or a third-party business entity is involved. The case below discusses how a court may handle such an issue. Continue reading →

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Montague v. Montague, 767 S.E.2d 71 (N.C. App. 2014)

Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. What if the during the marriage one party opens a small business? Businesses are subject to ED, and valuation of a business can be very complex. In the case below, we encounter one issue where a family law specialist with experience in Equitable Distribution can be valuable. Continue reading →

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Logue v. Logue, No. COA19-831 (unpublished opinion)

One of the most important issues dealt with by experienced family law and divorce attorneys across the country, and especially in the Piedmont Triad, is the division of property (also known as equitable distribution). When there are shared business interests, the valuation of the business(es) adds another layer of complexity. Read on to see how the date of separation, a ‘fact’ on which the parties are not always in agreement, can greatly affect the dollar amounts in property division. Continue reading →