Fayetteville Property Division Attorney
Assisting Clients With The Division Of Property in North Carolina
How your divorce is handled will have a significant impact on your financial future. Property acquired during the marriage is subject to division upon divorce. You want to make sure you obtain your fair share of marital property while not taking on more debt than is rightfully yours.
At Hardin Law Firm PLLC, we have extensive experience handling property division matters for clients in Fayetteville, Carthage, and throughout Cumberland and Moore Counties. With more than 10 years of experience, divorce attorney Victoria Hardin is prepared to protect your financial interests.
Call Hardin Law Firm today at (910) 565-6505 or contact us online to schedule a consultation with our property division lawyer in Fayetteville.
Property Division Matters in North Carolina
In North Carolina, title alone does not determine who gets what in a divorce. Your name or your spouse’s name may be on a piece of property, but there is a presumption that the property will still be subject to North Carolina property division laws. We can protect your interests in the division of all types of marital property, including:
- Homes
- Real estate
- Retirement assets (including pensions, 401(k)s and IRAs)
- Business assets
- Professional practice assets
- Jewelry
- Heirlooms
We are highly knowledgeable in North Carolina equitable distribution laws and can provide you with the guidance and advocacy you need for this critical legal matter. Our clients include military service members and their spouses with concerns over the division of military pensions.
How is Property Divided in North Carolina?
In North Carolina, property division during a divorce generally follows the principles of equitable distribution. Equitable distribution means that marital property should be divided fairly but not necessarily equally. Marital property often includes assets and debts acquired during the marriage. Separate property, which is typically property owned before the marriage or received as a gift or inheritance at the time of the marriage, is not usually subject to division. In North Carolina, the court considers various factors when determining an equitable distribution, such as:
- Duration of the marriage: Longer marriages may influence how property is divided.
- Contributions to the marriage: Both financial and non-financial contributions to the marriage are considered.
- Earning capacities: The income-earning potential of each spouse may be taken into account.
- Age and health of each spouse: The physical and emotional well-being of each spouse can be considered.
- Child custody arrangements: If there are children involved, custody arrangements may impact the distribution.
How Can a Property Division Attorney Help Me?
A property division attorney specializes in navigating the legal complexities involved in dividing assets and liabilities during divorce proceedings or other legal separations. Here’s how an experienced attorney from our firm can assist you:
- Legal Experience and Strategy: A property division attorney understands the intricacies of state laws governing marital property, community property, or equitable distribution (depending on the state). They can provide expert guidance on how these laws apply to your specific situation and develop a strategic plan to achieve a fair division of assets and debts.
- Asset Identification and Valuation: One of the primary roles of a property division attorney is to identify all marital assets and liabilities. This may include real estate, investments, retirement accounts, businesses, vehicles, personal property, and debts. They can work with appraisers, financial experts, and other professionals to ensure accurate valuation of these assets.
- Negotiation and Settlement: Your attorney can negotiate on your behalf to achieve a favorable settlement agreement with your spouse or their legal representation. They will advocate for your interests, ensuring that you receive an equitable share of marital property based on factors such as financial contributions, duration of the marriage, and future financial needs.
- Litigation Representation: If negotiations stall or disputes arise over property division, your attorney can represent you in court. They will present evidence, cross-examine witnesses, and make persuasive arguments to the judge on why certain assets should be allocated to you in accordance with applicable laws and equitable principles.
- Complex Asset Division: In cases involving complex financial holdings, such as multiple properties, business interests, investments, or retirement accounts, a property division attorney can provide specialized expertise. They will ensure that these assets are properly valued and divided according to legal requirements and your best interests.
- Debt Allocation: Alongside assets, debts accumulated during the marriage also need to be divided fairly. Your attorney can help determine which debts are marital and how they should be apportioned between you and your spouse, ensuring a balanced outcome.
- Post-Divorce Planning: Beyond the division process, an attorney can provide guidance on the implications of property division for your future financial stability. They can advise on tax consequences, potential future obligations, and strategies to protect your financial interests post-divorce.
- Enforcement and Modifications: If the terms of a property division agreement or court order are not being followed by your ex-spouse, your attorney can take legal action to enforce compliance. They can also assist with modifications to property division orders if circumstances change substantially in the future.
By enlisting the help of a property division attorney, you gain a knowledgeable advocate who can protect your rights, guide you through the legal process, and work towards achieving a fair and equitable resolution of property matters during a divorce or legal separation.
Contact Our Property Division Lawyer in Fayetteville Today
If you are seeking representation for property division matters in North Carolina, our law firm is here for you. Contact us today online or by telephone at (910) 565-6505 to arrange a consultation with a divorce lawyer who can protect your financial future. Speak with a Fayetteville property division attorney today.
Hardin Law Firm is an award-winning family law firm that serves Fayetteville, Carthage, and beyond. Contact (910) 565-6505 for a consultation.
Hear From Our Clients.
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“Ms. Hardin is the best attorney in Fayetteville and the surrounding area. She knows exactly what it takes to win your case.”
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“If I could give 10 stars, I would. Ms. Hardin and her staff are the gold standard of professionalism.”
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“I trusted all her advice and am very pleased with the results. Anyone looking for a good custody lawyer, she’s the one to go to!”
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“Victoria Hardin is a fantastic attorney that genuinely cares about her clients.”
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“Victoria and her firm exceeded my expectations. If you need a divorce, family law, custody or child support attorney, this is the firm you want. I cannot give enough stars, 5 isn’t enough.”
FAQs
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What Does ‘Equitable Distribution’ Mean?
North Carolina is an equitable distribution state, which means marital possessions are divided in a way that is fair. This often means 50-50, but a judge could determine that a different percentage is fair.
Matters can become complex because a range of factors is considered when determining which spouse receives what. Factors that may affect the outcome of property division negotiations include length of marriage, each spouse’s income and each spouse’s contribution to the family’s success, among other aspects. Since each family’s circumstances are different, how property and assets are divided may vary according to the situation.
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What Can an Attorney Do for Me?
It is risky to rely on a judge’s order to divide assets and property. Using the court to resolve your dispute removes your control over the outcome and gives that control to the judge. What the judge sees as an equitable or fair distribution may not seem fair to you.
Finding solutions outside the court, through negotiation, can help you retain more control over the process, keep your conflict private and save you money. Working with an attorney can help you navigate this process, inform you of options that may affect the terms of the property division agreement and help negotiate a fair agreement.
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What Is Marital Property and How Is It Different From Separate Property?
Marital property refers to assets and debts that you and your spouse acquire during your marriage. If you and your spouse have purchased a house and are both named on the deed, this is marital property. In addition, income you and your spouse earn over the course of your marriage is considered marital property
Possessions that you owned before you married are considered separate property as are inherited assets and gifts.
Determining which property is jointly owned and which is individually owned can become difficult when ownership is not easily defined. A qualified divorce lawyer knows how to analyze assets and property so that your interests are protected throughout this process.
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I Owned My House Before the Marriage. Will I Be Able to Keep This Property After I Divorce?
If you did not add your spouse’s name to the deed, changing ownership of the house during the marriage, the house will remain your separate property if you divorce.
During your marriage, if you contributed marital funds to pay your mortgage or remodel your home, your spouse may be entitled to be reimbursed for those contributions.
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Will I Have to Move Out of My House to Get a Divorce?
North Carolina divorce laws require spouses to live in separate residences for a year and a day before they can divorce. If your spouse will not move out of your home, it will be up to you to move. This step is necessary even if you owned your home before you married, making this separate property.
Vacating your home does not mean that you give up your right to the house. The court can still grant you the home in your property settlement.
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What Financial Risks Are Connected to Keeping the Family Home After Separation?
You may see your family home as the prize of your property division agreement; however, acquiring this property may negatively affect your finances. Before you take sole ownership, you should consider the financial implications of owning and maintaining a home without two incomes. You may have a sentimental attachment to your family home, but do you have the resources to pay your mortgage, utilities and repair fees?
When you are transitioning to a new stage in your life, your ability to succeed may be hampered by your financial obligations. An experienced attorney can help you determine if fighting over your house is a battle you want to wage.
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Do I Have to Share My Retirement Accounts With My Spouse?
If you or your employer made contributions to your retirement plan while you were married, your spouse is entitled to a portion of that money even if the account is in your name only. This is also true for military retirements.
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What Is a QDRO?
A QDRO, pronounced “quadro,” is an abbreviation for “qualified domestic relations order.” If you are entitled to receive a portion of your former spouse’s retirement assets, obtaining this court-approved order is one of the first steps you will have to take to access funds. Retirement plan administrators require this decree before they will pay out benefits to individuals who do not own the account.
It is vital to work with an attorney who understands QDROs because plan administrators do not accept the same form. Failing to provide the necessary information may limit the amount of money you receive and delay your payment.