Equitable Distribution (Property Division)
Almost every divorce case involves property distribution at some point during the separation. North Carolina has a presumption of fifty percent distribution of marital property to each party; however, there are several factors that can be taken into consideration which may overcome this presumption.
It is necessary for each party to accurately report the assets and debts that were owned at the date of separation in order for their property to be accurately divided. When this is not possible or one party is not cooperative, it is often necessary for the attorney to motion the court for compliance or to subpoena the other party to require cooperation.
We work diligently to ensure we have all necessary documents for each case in order to best reconstruct spouses’ assets and debts, allowing our clients to be more confident that they are receiving their share of the marital property. We also work closely with our clients after the property division is completed to ensure that all final steps are taken to exchange property or sign documents transferring property, so that they can move forward with confidence.
Finally, we have a network of Certified Public Accountants, Certified Financial Planners, and Accountants who we not only recommend to our clients for assistance, but also who we work closely with on clients’ cases to ensure that all tax implications or other financial considerations are fully understood. This allows us to help our clients reach the best property distribution resolution possible.