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Will my marriage result in a 50-50 property split?

North Carolina is what is referred to as an equitable distribution state. What that essentially means is that North Carolina family courts will aim for a 50-50 property division in your marriage; however, other factors could come into play that result in a deviation from a 50-50 split.

In many North Carolina divorces -- especially those that do not involve child custody issues -- property division is the most important legal aspect of the separation process. Property division becomes more complicated the longer a couple was married and the more assets (and debts) they have accumulated during the years of their marriage.

Assets considered in divorce proceedings are divided into two categories: marital property and separate property. Marital property includes income savings, accumulated value on property and more. Separate property includes items that were owned prior to marriage and other things, like inherited assets.

In many divorce cases, the question of whether something should be considered separate property versus marital property could become an issue of legal debate that is decided by the court presiding over the matter. However, it is preferable for spouses to resolve their differences outside of the court process whenever possible. Settlement negotiations, mediation and various forms of dispute resolution may be an important part in this process.

At Epperson Law, PLLC, we have handled numerous property division matters on behalf of North Carolina residents and we have taken those matters to trial when it was necessary to do so. As dedicated divorce lawyers, we are committed to protecting our clients' rights and asserting their wishes in court.

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