In North Carolina, “equitable distribution” is the legal term for property division in divorce cases, and that property can include real estate, business interests, trusts, bank accounts, investments, retirement assets, intellectual property, personal property, and more.  Equitable distribution is the framework used in both negotiations and litigation to determine how to properly and fairly divide the marital assets and debts between divorcing spouses.  Caleigh has represented clients in both simple and complex equitable distribution cases of all sizes and for clients ranging in marriages of less than a year to those married more than fifty years. 

The ultimate analysis of equitable distribution includes identifying the assets and debts that existed at the time the spouses separated; determining whether or not those assets are marital property, separate property, or some other type of property; establishing the value of the assets and debts; and assessing how to fairly divide the assets and debts between the spouses.  That assessment may lead to a determination that a fifty-fifty division of the marital estate is fair, or there may be factors that justify one spouse receiving more or less than fifty percent.

In addition to wanting to understand the overall process, how equitable distribution works, and what reasonable expectations you should have, you may also have more specific questions about possession and distribution of the residence and other real estate, who will be responsible for payment of the mortgage and other debts, operation of a business after separation, entitlement to retirement funds accrued before and/or during the marriage and how those assets are divided, what happens with inherited property and property owned prior to the marriage, and gifts of property between spouses and other family members, to name a few.

North Carolina laws concerning equitable distribution are complex.  There are rules, exceptions to the rules, and exceptions to the exceptions.  When you meet with Caleigh, she will walk you through that framework and the steps of equitable distribution in the context of your specific assets and debts.  She will answer questions you may have about your particular circumstances, explain the different ways equitable distribution can be resolved including through negotiations, mediation, and, when necessary, litigation, and offer guidance on what your next steps should be.

Contact Caleigh at EVANS FAMILY LAW for a consultation to discuss your equitable distribution case.