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Equitable Distribution of Property

Effective North Carolina Lawyer Handles Equitable Distribution Issues

Huntersville attorney works to minimize conflict and achieve fair results

In equitable distribution states such as North Carolina, assets acquired and liabilities incurred during the marriage, individually by one spouse or jointly by both, are considered marital property, subject to equitable distribution. This means that if the court decides on property division terms during a divorce, assets and debts are divided according to what the judge thinks is fair, though this is not necessarily an even split. At my firm, David Self Family Law and Mediation in Huntersville, I have the necessary knowledge and familiarity with North Carolina’s equitable distribution laws to guide you toward an appropriate result through settlement or at trial.

Family law firm uses meticulous preparation in property division matters

As an experienced family law attorney, I can explain which assets will be classified as marital property and which items are separate from the marital estate and not subject to equitable distribution. Separate property can include gifts and inheritances left to one spouse as well as assets acquired prior to the marriage. I also have the skill to trace the commingling of separate assets with marital assets, prevent unfair distribution, and ensure that nothing is overlooked, including investment accounts, retirement benefits, marital homes, automobiles and shares of businesses.

State law lists a dozen factors that a court must review if spouses can’t reach an agreement on property allocation, including:

  • Income and assets of each party — Based on the income, benefits and earning potential of each side, a 50-50 division of assets might not be fair. My firm conducts a thorough review and brings in valuation experts when necessary so that the court has the proper information in dividing assets.
  • Duration of marriage — Spouses who have been out of the workforce for more than a decade likely face a tougher time supporting themselves than those who stayed home during a brief marriage. This can be a key consideration in equitable distribution cases.
  • Need to stay in home for childcare — If one parent is to be awarded primary physical custody, it might benefit everyone if they remain in the marital home with their child. Fairness might then require other assets to be given to the noncustodial parent.
  • Contributions to education and career — Husbands and wives make significant sacrifices to help improve one another’s earning ability. When one spouse takes care of the household and children or supports their partner’s professional education, they could be awarded more in an equitable distribution order to recognize their contribution.

No part of a divorce is enjoyable, but with skillful guidance, you can achieve a fair property division while avoiding unnecessary conflicts and costs.

Skillful adviser tailors nonadversarial legal solutions for divorcing spouses

I strive to convert stressful and contentious property division matters into positive resolutions. My experience has equipped me to handle negotiation and mediation when appropriate, affording you greater control over the outcome. But even if you and your ex-spouse are unable to initially agree on an equitable marital division, I work diligently to reach consensus by providing a detailed analysis of how a court might decide disputed issues.

Contact a reliable North Carolina equitable distribution lawyer for a consultation

David Self Family Law and Mediation represents divorcing spouses in North Carolina equitable distribution matters and other proceedings related to divorce. Please call 704-594-5364 or contact me online to schedule a consultation at my office in Huntersville.

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  • Huntersville Office
    215 Gilead Road
    Suite 201
    Huntersville, North Carolina 28078
    Phone: 980-441-1110
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