There are many questions swirling around a
divorce, and plenty of them are based on who gets what in a divorce. As with any
legal issue, this can get complicated, even frustrating. It is important
to understand though. Not only are assets and debts up in the air, but
so is your future. Here is an overview to answer some preliminary questions.
For the answers pertaining to your unique situation, please do not hesitate
to contact a qualified Raleigh divorce lawyer.
Is there community property in North Carolina? Community property entails a 50/50 split of all jointly owned property.
North Carolina is not a community property state. A court in this state
will divide property along the lines of
equitable distribution, that is, find a fair solution, not always an equal division.
Will property division be decided by a judge? This is the case when spouses cannot agree on their own. Otherwise, you
two have the chance to come up with your own arrangement and file it with
the court. Chances are, the court will go along with your decision. If
certain issues are disputed, however, a judge will have to decide what is fair.
What property gets divided? Marital property and divisible property are split. You keep your own separate
property. Separate assets and debt are those that you had before you were
married. Separate property also includes any inheritance or gifts during
the marriage that were for you alone.
What is the difference between marital and divisible property in North Carolina? Marital property means the property that was obtained during marriage
up until the
separation. This includes retirement benefits, stocks, and more. Divisible property
labels some property and debts that crop up during the separation period.
The court will not split up your separate items from this time. For example,
your spouse will not get any part of what you owe for gambling while separated.
If you have any more questions, or you need a sterling legal advocate on
your side, you can rely on Hopper Law Office. Our firm has decades
of legal experience to put to work for you. Do not wait to successfully
move on in life.
Call a Raleigh divorce lawyer today!