North Carolina is an equitable distribution state, which means that spouses are entitled to a fair but not necessarily equal portion of the marital estate. The difference with North Carolina law is that there is a presumption that a 50-50 split is fair, and any party arguing for a greater share of the marital estate must overcome that presumption with persuasive evidence.
Spouses are allowed to keep their separate property, which typically includes:
All other assets and debts accumulated during the marriage go into the marital estate and are subject to the equitable distribution process. A spouse can also argue that property that began as separate has been commingled and is now part of the marital estate.
If a spouse feels that he or she deserves more than half of the marital estate, they must ask the court to apply statutory factors in making that decision. For example, if one spouse did all of the earning while the other dissipated the estate through wasteful spending, the first spouse could argue for a greater portion of the remainder.
Spouses often disagree about whether assets or debt belong in the marital pool or whether one spouse is the sole owner. Other disagreements arise over matters such as:
Although each client’s situation is unique, our experience with contentious property disputes has given us a firm foundation for approaching a wide range of contested matters.
Please call 252-636-3737 or contact us online to schedule a meeting at one of our offices, conveniently located in New Bern and Morehead City.
