Property Division

Property Division

Experienced Fayetteville Family Law & Divorce Attorney 

Serving Cumberland & Hoke Counties

If you and your former spouse cannot agree on the distribution of the various property you have accumulated during your marriage, the court will have the duty of dividing your property for you. Crossroads Family Law is here to handle your property distribution proceedings.

Need help with your property division case? Contact us today!

What kind of property should I be concerned about? 

The court will look at three types of property in a property division case:

·      Marital

·      Separate

·      Divisible

Most cases involve predominately marital property that the parties cannot agree how to split. Marital property is defined by North Carolina law as property that was acquired by the parties during the course of the marriage and still exists on the date of separation. This type of property includes personal property, real property, retirement benefits, and vested or non-vested pensions obtained during the marriage through the date of separation. The court presumes that both parties have an equal right to the marital property, however, it will assess a variety of factors to determine how to equitably distribute the property.

What is Separate Property & Divisible Property?

Separate property is merely property that was obtained by either spouse before the date of marriage or after the date of separation. Separate property can also include gifts that are not from the other spouse or an inheritance received during the marriage. Only where a gift from one spouse to the other is specifically designated as separate property, can a gift between spouses be considered separate property?

Divisible property can be a bit harder to classify.  Passive and active changes in the value of the property during and after the marriage are assessed. Marital debt and the value of real property are often the areas that involve divisible property.  At Crossroads Family Law our Fayetteville, NC divorce attorney will help you understand what types of property you have and how they will likely be valued in court.

What is going to happen to my retirement?

Retirement benefits and pensions are generally considered marital property and are subject to claims for equitable distribution. Our family law attorney will determine the amount of your retirement that is considered marital property and what percentage your former spouse may be entitled to.

Crossroads Family Law is here to help break down all the issues so that you can understand how to proceed and effectively prepare for your case. Call (910)-240-2217 to schedule your consultation.