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Equitable Distribution in North Carolina

Protect Your Property & Secure Your Future

Dividing assets during a divorce can be one of the most stressful and emotionally charged aspects of the process. At the Law Office of Nathan Earwood, we understand how overwhelming it can feel. With over 90 years of combined experience and a deep commitment to our clients, we are here to guide you through the process of equitable distribution in North Carolina. Our experienced equitable distribution lawyers will help ensure that your property is divided fairly, so you can focus on moving forward with confidence.

We offer consultations in person, by phone, or virtually at any of our five western North Carolina locations: Asheville, Waynesville, Sylva, Franklin, and Robbinsville. No matter where you are in your divorce process, we’re here to provide the clarity and support you need.

Why Choose the Law Office of Nathan Earwood?

When you’re facing the emotional and financial stress of a divorce, you need an attorney who not only understands the law but who also cares about the outcome for you and your family. Here’s why clients trust the equitable distribution attorneys at the Law Office of Nathan Earwood:

  • Over 90 Years of Combined Legal Experience: Our five attorneys have a wealth of knowledge in handling complex legal matters.
  • Hundreds of 5-Star Reviews: Our clients are our top priority, and we’ve earned a reputation for providing personalized, compassionate legal services.
  • Multiple Locations & Virtual Consultations: We have offices in Asheville, Waynesville, Sylva, Franklin, and Robbinsville, with the flexibility of phone, in-office, or virtual consultations.
  • Tailored Legal Strategy: We take the time to understand your unique situation and create a strategy that is designed to meet your needs.

We’re here to guide you through this difficult time with professionalism and the expertise needed to secure a fair property division.

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What Is Equitable Distribution in North Carolina?

In North Carolina, equitable distribution is the process by which marital property is divided between spouses after a divorce. Unlike “community property” states, where assets are almost certainly split equally, North Carolina follows an equitable distribution model. This means the court shall make an equal division of the marital property and divisible property unless the court determines than an equal division is not equitable.

The goal of equitable distribution is to ensure a fair outcome based on various factors, including the length of the marriage, the contributions made by each spouse, and the financial and emotional needs of each party.

Key Aspects of Equitable Distribution in NC

  • Marital Property: Assets acquired during the marriage are typically considered marital property and subject to division.
  • Separate Property: Property owned before the marriage or inherited by one spouse may be considered separate and not divided during the divorce, unless it was “commingled” with marital assets.
  • Divisible Property: This includes any increase or decrease in the value of marital property after the date of separation.

At the Law Office of Nathan Earwood, our equitable distribution attorneys have helped hundreds of clients in western North Carolina navigate the complexities of property division. We understand how difficult it can be to determine what is fair, and we’ll work with you every step of the way to protect your rights and interests.

How Does Equitable Distribution Work in North Carolina?

The process of equitable distribution involves several key steps, and understanding each one can help you feel more confident and prepared.

1. Classifying Property:

First, your attorney will help determine whether the property in question is marital or separate property. This classification is crucial because only marital property is divided between spouses.

2. Valuing Property:

Once the property is classified, each item must be valued accurately. For complex assets, like businesses or real estate, expert valuations may be necessary to ensure fairness.

3. Considering the Factors:

The court will consider a variety of factors when determining how to divide property, including:

  • The duration of the marriage
  • The contributions of each spouse to the marriage (both financially and non-financially)
  • Health, age, and earning capacity of each spouse
  • The needs of any children or custodial spouse
  • Waste or dissipation of marital property (e.g., if one spouse has intentionally damaged or devalued property)

4. Fair Distribution:

The court, by considering a number of factors including those above, shall determine a distribution of particular assets and debts to the Parties. This may come in the form of real property, tangible personal property, or monetary distributions to achieve equity.

Common Types of Property Subject to Equitable Distribution

Here are some examples of the types of property that may be divided during a divorce in North Carolina:

  • The Family Home: Often the most significant asset in a marriage, whether you stay in it or sell it, the division of the family home is a critical consideration.
  • Vehicles: Cars, trucks, and other vehicles acquired during the marriage are subject to division.
  • Bank Accounts & Investments: Both joint and individual accounts may be considered marital property if acquired during the marriage.
  • Retirement Accounts: 401(k)s, pensions, and other retirement assets will be divided according to the time they were earned during the marriage.
  • Business Interests: If one or both spouses own a business, the valuation and division of the business may be complex.

Furniture & Household Items: The court may divide the household goods acquired during the marriage.

Frequently Asked Questions

Is North Carolina a 50/50 state for divorce?

Not necessarily. North Carolina presumes a 50/50 split of the marital assets and debts is equitable but shall consider other factors to determine if that is a realistic or achievable outcome.

What is considered marital property in North Carolina?

Marital property includes anything acquired during the marriage, regardless of who holds the title. This includes real estate, cars, bank accounts, retirement benefits, and more. It does not include property acquired before the marriage or through inheritance or gifts, unless those assets have been commingled.

How does the court decide what’s fair in property division?

The court will look at several factors to determine a fair distribution, including the duration of the marriage, each spouse’s financial situation, contributions to the marriage, and any need for spousal support.

Is inheritance considered marital property?

Generally, inheritance is separate property. However, if the inheritance has been mixed with marital assets (such as using inherited money to buy a house), it could be subject to division.

Can property division be modified after the divorce?

Once the equitable distribution is finalized by the court, it is final and cannot be modified. However, spousal support or alimony could be subject to modification in the future.

What is the Difference Between Community Property and Equitable Distribution?

In a community property state, property is typically divided 50/50. However, North Carolina follows equitable distribution, meaning property is divided based on fairness, considering several factors like the duration of the marriage and each spouse’s contributions.

What Is Considered Separate Property?

Separate property includes assets acquired before the marriage or received as an inheritance or gift. However, if separate property is “commingled” with marital assets, it may become subject to division.

How Can I Protect My Assets During Divorce?

Work with an experienced property division lawyer to ensure all property is properly classified, valued, and protected. Keep detailed records and, if necessary, seek professional valuations for complex assets.

Contact Us Today for Your Consultation

Dividing property in a divorce can be stressful, but it doesn’t have to be done alone. At the Law Office of Nathan Earwood, we’re here to guide you through every step of the equitable distribution process, ensuring that your assets are divided fairly and that your future is protected.

With offices in Asheville, Waynesville, Sylva, Franklin, and Robbinsville, we’re ready to help you. Schedule a virtual, phone, or in-person consultation today and let us provide the support and expertise you need during this challenging time.

Call 828-354-3400 or fill out our online contact form to get started. Your future matters to us, and we’re here to fight for you.

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