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Property that is acquired and shared by partners during a marriage must be fairly divided upon divorce.  Equitable distribution is the legal term for dividing marital debts and assets in a separation and divorce.  Splitting up assets, property, and debt fairly may seem like an overwhelming task, but our team at Gantt Family Law can help.  

NORTH CAROLINA PROPERTY DIVISION LAW

 

  • Marital vs. Separate Property:  When looking at what can be divided by the court, property must first be classified as marital or separate.  Marital property is everything acquired or earned during a marriage, between the dates of marriage and separation. Separate property is everything that each spouse brought into a marriage, which remains in the sole ownership of each respective spouse, or property obtained after the date of separation.

  • Equitable:  Equitable does not mean equal in all cases.  A 50/50 division of marital property is a presumption that can be rebutted, depending on your particular circumstances.  Courts take into many factors, including the duration of the marriage, the income and property of each spouse, child custody, and more.
     

You need an advocate who understands North Carolina’s equitable distribution laws.  Gantt Family Law is experienced in handling a wide range of marital asset and debt types.  Additionally, we work closely with financial and business professionals who can help provide an accurate valuation of any businesses you have a stake in.  If you and your spouse are separating or obtaining a divorce, we can assist you in diving your property.

Watch Richard's vlog entry about property division.

Disclaimer:  Gantt Family Law’s legal articles and video blogs are for educational purposes only and are not offered to provide legal advice. By reading our legal articles and/or watching our video blogs, you understand that there is no attorney-client relationship created between you and Gantt Family Law.  Gantt Family Law’s legal articles and video blogs do not constitute legal advice. You should not act upon any information provided herein without seeking advice from a lawyer licensed in your own state or jurisdiction. These legal articles and vlogs should not be used as a substitution for competent legal advice from a licensed professional attorney in your jurisdiction.Any and all use of the legal articles and vlogs is at your own risk. The materials presented may not reflect the most recent legal developments, verdicts or settlements. Gantt Family Law is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances.

Property Division

We handle all family law and divorce matters in Wake County, Durham County, Orange County, Chatham County, and Johnston County. We proudly serve residents of Raleigh, Cary, Apex, Holly Springs, Morrisville, Wake Forest, Fuquay-Varina, Knightdale, Garner,  Clayton, RTP, Durham, Chapel Hill, and the surrounding areas.

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Raleigh Office

421 Fayetteville St, Ste 1100

Raleigh, NC 27601

Tel : (919) 987-2150