Equitable Distribution Inventory Affidavit - The North Carolina Court 2025

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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.
Both spouses can only remove the other from the marital home with a court order. So, if there is no court order in place, they both have the equal right to remain in the house throughout the separation period. But remember, living together is not considered a separate residence.
Property acquired in exchange for separate property shall remain separate property regardless of whether the title is in the name of the husband or wife or both and shall not be considered to be marital property unless a contrary intention is expressly stated in the conveyance.
Equitable distribution is a principle in divorce law governing the allocation of marital property between spouses. In states that use equitable distribution, courts try to achieve a fair allocation of property based on a list of factors or guidelines set forth by state law.
Some factors that a court may consider include the duration of the marriage, the value of the marital property, each spouses contribution to the marital property, the spouses respective sources of income or earning capacities, and the economic circumstances of each spouse upon the division of property.
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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.
It includes property that was intended solely for you such as inheritance, a gift, or property gained in exchange for your separate property. For example, if you own a car before marriage and exchange that car for a new one, the new car remains your separate property even if you acquired it during the marriage.
All debts and liabilities incurred during the marriage, including mortgage, credit card debt, student loans and marital business debts, are considered part of the marital property. In other words, you are both responsible for the debt, and it is considered part of the marital estate.

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