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Property Distribution / Equitable Distribution

During a marriage, it is likely that a couple acquires a fair amount of property – from residences, including the family home, vacation homes or investment properties, to bank accounts, investment accounts, and retirement savings. When that couple files for divorce, all of these assets have to be divided.

This can be a tough matter, and that’s why you want a law firm that has your best interests in mind.

At Capital to Coast NC Law Group, our lawyers have storied experience in helping couples make hard decisions regarding property distribution. We consider not just your finances, but also take into account your family as a whole.

In every property division proceeding, it is essential to identify the separate property and marital property. Separate property, also known as premarital property, includes any asset(s) that you owned prior to entering the marriage. Generally, an asset that was acquired by either spouse after the date of the marriage is considered marital property. As with most areas of the law, there are exceptions, and this facet of property distribution is no different. For example, inherited property that was acquired during the marriage is considered separate property.

North Carolina is an equitable distribution state. The goal is to divide the asset(s) justly and equally, however, this does not generally mean equal.

See below for the factors that are used to determine property division and equitable distribution:

Separate property is property owned before marriage, inherited property, and gifts
Separate property used to purchase jointly held real estate is marital property
Property that was acquired during the marriage by one or both spouses is marital property

Whether you are dealing with premarital property (such as a savings account that has been mixed with marital funds) or a standalone asset that was acquired during marriage, we have the knowledge and skills to ascertain the origin of the asset and to advise an appropriate division according to North Carolina law.

Assets may include:

Marital residence, vacation, or investment property
Bank and investment accounts
Retirement savings
Vehicles
Pets
Businesses
Health insurance

When we needed an attorney recently we contacted Kellie Gonzalez and could not have been more pleased with our interactions with her and the outcome she obtained for us.

From the very beginning, she was professional, understanding, and took great care to explain the legal process to us. She went far beyond what one would normally expect from an attorney and in doing so successfully achieved the goal we hoped for. We highly recommend Kellie Gonzalez for any occasion that calls for an attorney. – K, Family Law Client

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Whether you and your partner are able to negotiate property distribution outside of court or you need to go through litigation, the lawyers at Capital to Coast NC Law Group will stand by your side as your fierce advocate. Contact one of our attorneys for an initial consultation today.

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