Charlotte Property Division Lawyers

Protecting Your Financial Interests During a Divorce

When going through a divorce, one of the most important aspects to consider is the division of property. At Blood Law, our Charlotte asset division attorneys understand that property division can have a significant impact on your financial future. We are dedicated to protecting your interests and ensuring a fair distribution of assets during a divorce.

Our team will work closely with you to:

  • Evaluate the value of all marital assets: We will conduct a thorough analysis of your assets, including real estate, investments, retirement accounts, and personal property, to determine their worth.
  • Assess separate property claims: In some cases, certain assets may be considered separate property and not subject to division. We will carefully review your situation to identify any separate property claims.
  • Negotiate a fair settlement: We will advocate for your rights and negotiate a settlement that takes into account your financial needs and goals.
  • Handle complex property division: If you have high-value assets, business interests, or complex financial holdings, our attorneys have the knowledge and expertise to navigate the complexities of property division.
  • Advocate for your rights in court: If a fair settlement cannot be reached through negotiation, our lawyers are prepared to advocate for your rights in court. We will present a strong case on your behalf and fight for a favorable outcome.

By working with Blood Law, PLLC, you can have peace of mind knowing that your financial interests are being protected during the property division process.


Concerned with how your property will be divided during your divorce? Contact us online or at (704) 286-0570 to speak with a property division lawyer in Charlotte.


Charlotte Divorce Property Division: What You Need to Know

It is important to understand what can be divided during the property division process. While you may want to hold onto as many assets and possessions as possible, understand that loss is part of the process. To understand what you may have to divide, you will need to know the difference between marital property and separate assets.

Identifying Separate vs. Marital Property in NC Divorces

If you owned any property prior to the marriage, have inherited property, or have received a gift from someone besides your spouse, those items are called separate property and will not be divided in the divorce process. 

Understanding Marital Property in North Carolina

If you and your spouse purchased any property, inherited any property, or bought gifts for each other while married, these are considered marital property and will be divided in the divorce process.

Divisible Property: What You Should Know

Divisible property includes property that was acquired after the date of separation, passive income generated by marital property, and post-separation increases in marital debt.

Equitable Distribution: How NC Courts Decide on Property Division

In the event you cannot agree with your spouse on matters regarding property and asset division, a judge will need to do so for you. 

When family court judges rule on property division issues they apply a principle of law known as equitable distribution. This requires them to divide a couple’s property in a way that is fair and equitable. This does not mean that property is always divided equally. 

To make these determinations, certain factors are considered, including:

  • The duration of the marriage
  • The liquidity of the marital property
  • The age and health of each spouse
  • The income, debts, and assets of each spouse (at the time of the divorce)
  • The child custody arrangement
  • If one spouse made financial contributions to support the other’s education or career

Marital vs. Separate Debt: How It's Handled in NC Divorce

To claim that debt is marital, and therefore subject to being divided between both spouses, the spouse claiming marital debt must prove that the debt was:

  • Acquired after marriage but before the date of separation
  • Incurred for the benefit of both spouses

If you are facing a divorce or other family law matter and need assistance navigating property and debt division, it is important to have an experienced Charlotte property division attorney to help protect your rights and provide you with guidance.

Deciding Who Gets the House in a Charlotte Divorce

Before a North Carolina judge will determine this, he or she may evaluate whether the home is a marital asset, separate asset, or a mix of both. 

If the house is considered marital property, meaning the couple was married during the purchase, there are three common scenarios that could occur:

  • One of the spouses mutually agrees to leave the place of residence, especially if it's in the best interests of their children.
  • There is a mutual agreement to sell the house and split the revenue. This is a popular option if one spouse cannot buy out the other.
  • Neither spouse wishes to leave the home, resulting in possible court hearings. Often, people will resort to gaining evidence of fault against their spouse, so they can increase their chances of staying in the house. In rare occasions, filing for a protective order against a violent spouse is necessary, and can quickly force them out.

Get Expert Help with Your Property Division Case in Charlotte or call us directly at (704) 286-0570 to learn more about our property and debt division services in North Carolina.


 

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