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What is an example of equitable distribution?

The court considers many factors when deciding what is equitable, including the length of the marriage, the earning power of each spouse and the contributions each spouse made. For example, a spouse who contributed much more during the marriage might receive 60% of marital assets.

What does it mean for my assets when I get married in NC?

In North Carolina, assets obtained after marriage are regarded as marital property, whereas property obtained prior to marriage is normally regarded as separate property. The equitable distribution of marital property occurs during a divorce.

Who has to leave the house in a separation in NC?

If One Spouse Wants the Other to Leave North Carolina courts have the power to force a spouse out of the marital residence if the other can prove a claim for divorce from bed and board, child support, and alimony or postseparation support where fault is shown.

What are marital assets in NC?

In North Carolina marital property is defined in 50-20(b)(1) of the North Carolina General Statutes as all real property and personal property that was acquired by either, or both spouses during a marriage, and owned at the date of separation, except any separate or divisible property.

What is a wife entitled to in a divorce in North Carolina?

North Carolina law presumes that an equal (50/50) division of marital property is equitable, or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.

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What is the equitable distribution process in NC?

In North Carolina, equitable distribution is the process of dividing assets and debts that were acquired during marriage. The theory behind equitable distribution is that marriage is a shared partnership and therefore each spouse has an equal right to the marital property.

What is the general rule in North Carolina for classifying separate and marital property?

North Carolinas equitable distribution law defines marital property as any property acquired by one or both spouses during the marriage but before the date of separation. Separate property includes any property acquired by a spouse before the marriage, inherited property, or gifted property.

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What is an example of equitable distribution?

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Get the up-to-date (Marital Assets) (fillable PDF) - The North Carolina Court System 2024 now

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How to modify (Marital Assets) (fillable PDF) - The North Carolina Court System in PDF format online

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Got questions?

What is an example of equitable distribution?

What does it mean for my assets when I get married in NC?

Who has to leave the house in a separation in NC?

What are marital assets in NC?

What is a wife entitled to in a divorce in North Carolina?

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What is the equitable distribution process in NC?

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