One of the more common questions in a divorce is helping divide the marital property. In North Carolina, that process is called "Equitable Distribution", because it is intended that the property be split equitably between the parties, USUALLY equally. However, sometimes "equitable" isn't always equal.

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Transcript: What is equitable distribution? Also said, how do we split marital property in North Carolina? Hey there, my name is Ron Payne. I'm the CEO and Managing attorney here at Apple Paine law in Kernersville, North Carolina. And today I wanted to answer the question of how we deal with marital property splitting in a divorce context in North Carolina. So in North Carolina, that process is called equitable distribution. All that is, is a fancy way of saying we are distributed on property equitably between the persons that are married, so that you can move forward and separate you know, going forward. Now, equitably does not mean equally. But in North Carolina, the presumption is that property, marital property shall be split 5050, between the married parties, things that were acquired before marriage are not part of the marital estate, things that were acquired after separation are not part of the marital estate, if you will. So the only thing that that means is, what did you gain as a couple? Or did you acquire by title, something that has both your names on it from the day you got married, to the very day that you separated, anything that was acquired between them, is considered marital property. Now, marital property also includes not only the assets, but the debts. So sometimes you've got a spouse that ran up a whole bunch of credit card debt, and your name is on it, but you didn't run it up. And there's not a lot of assets, then it might be what we call a debt case where you're trying to really divide, not the assets, but the debts. But if there's enough debt there, then maybe making, you know, hiring a lawyer and having us help you split up the debt, so that if they don't pay their half of it, you would be entitled to go after them for attorneys fees, and costs and that sort of thing, would be helpful contempt of court if they don't follow the court order ordering them to pay their half. But at the same time, you know, sometimes it's not worth it if there's not assets to be split. But that process is called equal distribution. And it's just simply a way of splitting the property in North Carolina. In court, what that looks like, as a practical matter is, we either negotiate a settlement and we sign it on paper, or we file a lawsuit for equal distribution. Everybody is required in North Carolina to go to mandatory mediation. So we go to mediation, and then anything we didn't work out at mediation, let's say we work out some but not all, or we don't work out any of it, then whatever didn't get worked out can be handled in a trial or in a hearing in North Carolina. So I hope that's been helpful. And if you'd like to set up a consultation with the team at Apple pan law to discuss your rights to marital property, whether we're talking about retirement accounts, whether we're talking about debts, whether we're talking about how we're going to split up the house, whether we're gonna talk about how we split up the credit cards, whatever those things may be, we're here to answer your questions. If you're not sure if something's marital, if you're not sure if something's separate property, not a problem. Meet with us....