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

I am writing to thank all of you, for assisting with the completion of the will and other key documents.

I appreciated the time, effort, patience, and the many questions answered which were all associated with this process. It is finally “done” and I can now relax and feel that my kids will be appropriately protected. Thanks again for your dedication, attention and positive experience! I’ll be sure to refer others to your office!! – D, Estate Planning Client

They were wonderful. Very efficient and great communicators.

I was very nervous about this process and they made it very simple and took all of the guesswork out of it. I will definitely use them again. – C, Will Preparation Client

Received a speeding ticket while passing through NC.

Was required to personally show in court or hire legal representation. Living 10 hours away, I opted for the latter. Great decision, but hiring them to represent me was a better one. They resolved my case much better than I could have ever hoped. Courteous, professional and obviously capable. – G, Out of State Traffic Violation Client

We used Kellie as our real estate attorney when purchasing a home.

Kellie and her staff walked us through the entire process from start to finish and promptly answered all our questions or concerns! I would highly recommend using her team to anyone looking for a real estate attorney! – M, Real Estate Closing Client

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.

8.7Kellie Chappell Gonzalez
Kellie Chappell GonzalezReviewsout of 24 reviews