Family Law,Child Custody Attorney,Criminal Defence Monroe NC

PROPERTY DISTRIBUTION

In North Carolina the legal terminology for the division of the parties’ property is called equitable distribution.  Property is categorized into “marital property”, “separate property” and “divisible property.  Martial property and debt is distributed between the parties is based on the principal of equity.

Some of the factors the court considers in determine whether the marital property should be distributed unequally are as follows:

• The income, property, and liabilities of each party.
• Support obligation arising out of a prior marriage.
• The duration of the marriage and the age and physical and mental health of both parties.
• The need of a parent with custody of a child or children of the marriage to occupy or own the marital residence and to use or own its household effects.

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