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An Inheritance is Typically Not Marital Property North Carolina General Statute 50-20 tackles distribution of marital property during a divorce.
The equitable distribution statute requires an equal division of the couples marital property. In an equal distribution, one spouse would receive 50% of the marital property and the other spouse will also receive 50% of the marital property.
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.
The court can do an unequal division based on enumerated factors set out in N.C.G.S. 50-20(c), such as the physical/mental health of a party, substantial separate assets, wasting or squandering of marital property, having custody of minor children, etc.
One of the most complicated comingling of assets is the marital house. If one spouse owned the house before marriage, it is a separate asset. However, if the other spouse moves in, what happens then? If the other spouse is added to the deed, then North Carolina law says that the house becomes marital property.

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An Inheritance is Typically Not Marital Property North Carolina General Statute 50-20 tackles distribution of marital property during a divorce.
The court can do an unequal division based on enumerated factors set out in N.C.G.S. 50-20(c), such as the physical/mental health of a party, substantial separate assets, wasting or squandering of marital property, having custody of minor children, etc.
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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