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Dugger Law Firm
North Carolina Office
4 West Main St.,
Suite 14
Brevard, NC 28712
United States
(828) 884-5400
Like most jurisdictions, the division of assets is equitable. Equitable does not always mean equal, but the courts in North Carolina favor the equal division of assets as much as possible. However, depending on the circumstances, the equitable division of assets may not always be appropriate. The court will evaluate how much marital property it can attribute to both spouses based on several factors. These factors include how long the parties have been together and what each party owned prior to the marriage. Generally, in North Carolina, if an individual obtained property before the marriage, that asset remains with the person who originally acquired it.
Consider a scenario where a partner had $100,000 before marriage, and during the marriage, that same person turned that $100,000 into a million dollars. Part of the reason that was possible is likely because that person had a spouse who was contributing in some way to the household, and that money theoretically wouldn’t have been made without that support. It is important to consider how much the increase in the value of that particular asset can be attributed to the other spouse.
Situations like these are complicated issues to consider, and the court must carefully analyze factors such as these to properly determine the division of assets in a divorce case. It is important to note that there are additional issues for the court to consider, such as children involved and large assets. It is the aim and responsibility of the court to carefully examine these components to be equitable and above all, fair to both parties involved.
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