Ensuring Equitable Property Division

One of the key processes during divorce is dividing your assets and debts. Many North Carolina residents assume that property division is a part of the original divorce filing; however, they are two separate processes. In order to claim an equitable distribution of marital property, you must file a separate claim. If you fail to file an equitable distribution claim in a timely manner, you may lose your right to significant assets.

Our experienced attorneys ensure your right to an equitable distribution of property. We decrease your stress by filing the correct paperwork, analyzing your assets and fighting for your rights to fair division. Equitable division is important to securing your financial future. Let Bachara & Essey provide the guidance you need.

If you are considering divorce, call 910-363-0086 to schedule a consultation with our knowledgeable attorneys.

Understanding North Carolina's Equitable Distribution Laws

North Carolina is an equitable division state. Under this system, marital property is fairly divided after taking your family's assets and each spouse's individual needs into account. Property is not be automatically split 50-50 between divorcing spouses. Assets are distributed in proportion to need. For example, if one parent has physical custody of children, they may be awarded the family house and additional assets to provide for their care.

To fairly divide property, the courts take a number of factors into consideration, including:

  • The career and education level of each spouse
  • Which spouse will care for the children
  • The length of your marriage
  • Each spouse's age, health and ability to work

Many clients worry that they do not have a claim to their house if their spouse's name is the only one listed on the deed. Fortunately, this is not the case. Property division is dependent upon whether or not the asset is marital property or separate property. Our attorneys will carefully categorize all of your assets as marital or separate, and fight for maximum property acquisition during the division process.

Contact Our Knowledgeable Attorneys For A Consultation

Speak with our knowledgeable lawyers to learn more about dividing marital property in North Carolina. We can evaluate your circumstances and provide you with realistic expectations. Call 910-363-0086 to schedule an appointment at our Oak Island address, or email our firm online.