How is property divided in a divorce in North Carolina?

How is property divided in a divorce in North Carolina?

In North Carolina, the courts will divide property in a way that is equitable, or fair. The court will assume that dividing the marital property evenly, 50/50, is what is most fair. This is true unless the court determines that dividing the assets equally is not fair. Marital property excludes separate property.

Is North Carolina a marital property state?

North Carolina is not a community property state. The court must begin the process by presuming that it is equitable to split the marital and divisible property equally. The law recognizes, however, that there are circumstances where an equal distribution would be unfair.

Do you have to divide property in a divorce?

The Family Law Act states that the division of assets in a divorce must be ‘just’ and ‘equitable’. Due to this, you should not assume that your assets will be split 50/50. You should always seek advice from a family lawyer to help you receive what you’re entitled to from a divorce.

What happens when a spouse moves out?

Moving out of the marital home may require permission from the other spouse to avoid the possible charge of abandonment, and communication with the spouse and a legal professional in this situation is key. The person that moves out may still have a right to the marital home during a divorce or even in separation.

How long should I separate from my husband?

We tend to suggest three to six months as a reasonable amount if you’ve been together for a while, but this will depend entirely on what you think will work best as a couple. It’s common for each person to have different ideas on things like this, so it’s important to be open to meeting in the middle if necessary.