Property Distribution FAQ's

What is Equitable Distribution?

When can I file for Equitable Distribution (ED) and when is ED determined?

Is fault used in dividing marital property?

How do I ensure my right to equitable distribution of marital assets?

How is property divided in North Carolina?

What is Equitable Distribution?

Equitable distribution is a cause of action requesting that the Court equitable divide marital assets, marital debts, separate assets, separate debts and/or divisible property.  A claim for Equitable distribution must be pending prior to the entry of divorce or you will forever lose your rights to request an equitable distribution from the Court.

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When can I file for Equitable Distribution (ED) and when is ED determined?

You may file a claim for Equitable Distribution any time after separation and even before an action for divorce is filed.  Equitable Distribution is a long process starting with the filing of the claim and concluding with the Court’s determination as to how the property should be distributed.  In Mecklenburg County, prior to an ED claim being set for trial, the parties must participate in a form of Alternative Dispute Resolution (ADR) such as mediation or judicial settlement conference.

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 Is fault used in dividing marital property?

No.  Fault is never used when dividing marital property. Fault or marital misconduct is only relevant as to claims for post-separation support and/or alimony.

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How do I ensure my right to equitable distribution of marital assets?  

In order to make sure your right to an Equitable Distribution of the marital assets you must file a claim for Equitable Distribution before an absolute divorce is granted. Your claim for Equitable Distribution must be pending with the Court prior to an absolute divorce being granted. If an absolute divorce is granted and you do not have a pending claim for Equitable Distribution, you will lose your right to Equitable Distribution and all property will be distributed according to title.

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 How is property divided in North Carolina?

In North Carolina, there is a presumption that equal is equitable which in essence means that a division of marital assets and debts between the parties on a fifty-fifty basis is presumed to be equitable. This does not mean, however, that equal is always equitable.  There are several statutory factors the Court may consider when dividing assets which may result in an unequal distribution in favor of one spouse over the other.  An equal division of property does not mean that each asset is divided in half.  The goal is to make sure that each spouse is distributed an equal amount of the marital assets and an equal amount of the marital debt.

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