Equitable Distribution Of Property

Property division is a large part of separating from your spouse. You may have spent years accumulating investments, debts and property. Equitable or fair interests in all of these assets will need to be distributed when you are going through a divorce. Your equitable distribution agreement will be based on the values and ownership of both your separate property and marital property.

As an equitable distribution of property state, North Carolina courts initially presume that marital property will be divided 50-50. However, the valuations of separate property and property you both agree not to divide, such as a family business or the marital home, will affect your final property division agreement.

It may not be sensible to liquefy all assets in divorce. If one spouse wants to continue operating a business alone and the other wants to retain the marital home, this can be arranged equitably, as can the ownership and distribution of other assets.

At Epperson Law PLLC, our attorneys assist clients in the full variety of divorce circumstances, from complex, high net worth divorce matters to simple divorces involving relatively few assets. In any case, navigating the complexities of property division with an experienced lawyer is imperative. Your property division agreement will affect and be affected by most other agreements in your divorce.

Factors The Court Will Consider When Deciding To Deviate From The 50-50 Distribution Presumption

  • A spouse's inability to replenish assets: This applies when a spouse left a career to care for children or further the other spouse's career and is unable to immediately earn a self-supporting income.
  • Adultery: Infidelity may cause the court to award more property to the innocent spouse.
  • Nonmarital assets or separate property: A court may deviate and award a spouse more property if the other spouse has significant nonmarital assets, like an inheritance.

Marital debts will also be divided equally, unless the court is persuaded otherwise. You need an advocate in your corner.

Our lawyers each bring 24 years of experience to your case, including substantial experience and success in court litigation. Please call us in Boone or Weddington toll free at 888-805-8163 to schedule a consultation with one of our lawyers. We are responsive 24/7 and also available by secure email.

We look forward to speaking with you and helping you resolve your case whether you live in Charlotte, Winston-Salem, Boone or the surrounding areas of Union County, Mecklenburg County and Forsyth County.