North Carolina Divorce Lawyers Blog

Articles Tagged with property division

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DONATI V. DONATI, 2023-NCCOA-________ (2023) (unpublished). 

  1. 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 the marriage, and then put about $60,000 of those proceeds into the marital home. The trial court found that an in-kind distribution was equitable, and that an equal division was not. Husband appealed and argued that he was entitled to the return or reimbursement or credit for the $60,000 that he claims was his separate contribution to the marital property. 

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Brady v. Brady, 2022 NCCOA 200 (N.C. Ct. App. 2022)

Brady v. Brady came before the NC Court of Appeals on Defendant Husband’s appeal.

ISSUE: What findings of facts are required to support awards of alimony, a distributive award, and the unequal distribution of assets. Continue reading →

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Dozier v. Dozier, 2022-NCCOA-307 (unpublished) (2022)

 

In North Carolina, an Equitable Distribution (ED) judgment is a final court-ordered distribution of the marital assets. Unlike child support, alimony, or custody, these are not modifiable upon showing the court that there has been a substantial change in circumstances. A rule 60 motion is one that is essentially asking the court for relief from the judgment entered. There are many grounds for asking relief. In an interesting twist, one party sought to void one particular section of an ED judgment, rather than the whole thing.

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In the previous blog, we covered appraisal as a method of valuation of property in the context of Equitable Distribution in a separation. Equitable Distribution (ED) in North Carolina is a legal process by which the court divides the marital property between the parties. The three steps in an ED determination are classification, valuation, and distribution, and today we continue with a look at valuation.

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https://www.nysenate.gov/legislation/bills/2021/s4248

Child Custody in North Carolina is based on which parent can best provide for the interests of the child. It is an oft repeated principle that ultimately decides the issue. Children are important and the court is required to scrutinize the parents in order to make this determination. It is so important that, if a custody order leaves out the final determination that a certain custodial schedule would serve the best interests of the child, it is typically immediately reversable. All that said, should pets get the same treatment? Continue reading →

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By: Carolyn J. Woodruff, JD, CPA, CVA
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Patterson v. Chrysler Group Addendum

Shortly after the Sixth Circuit decided Patterson v. Chrylser Group, 845 F.3d 756 (2017), I first wrote about this case. Based on some recent comments, updating the blog with dates for clarification is necessary. The issue is when the statute of limitations starts on the qualification of a domestic relations order. It is proper to note that this dispute is between the Plan and the Alternate Payee or the Transferee Spouse.  The Plan Participant (ex-Husband)  is not a party and does not have standing. It is the Transferee Spouse’s vested benefit under consideration. Ex-Husband no longer has an interest. The Plan is the legal owner as Trustee of the retirement benefits. Continue reading →

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Wall v. Wall, 536 S.E.2d 647, 140 N.C. App. 303 (N.C. App. 2000)

There are various legal mechanisms by which former spouses separate their personal and real property. One mechanism is Equitable Distribution (ED). Practically speaking, however, no division of property should be accomplished without first obtaining an Order/Judgment from the court. This is especially true for more valuable and unique assets like real property. So what happens if you have your hearing, but don’t get an Order in a timely manner? Continue reading →

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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 →