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Property and Debt Division

Finding the Right Property Mediation Lawyer

If you are getting a divorce, it is necessary for you to learn about how North Carolina’s divorce laws handle property and debt division. At Collins Family Law Group, we understand how matters pertaining to your assets are critically important. You need to know your rights as fast as possible so you are not blindsided, and we are prepared to teach you everything you need to know.

Since divorce can be unpredictable and at times volatile, our Charlotte divorce attorneys will waste no time when it comes to educating you on your property and debt division rights. We will be your greatest legal advocates from the start.

Property & Debt Division Laws in NC

In North Carolina, the courts will typically accept any fair and reasonable property and debt division arrangement that the parties agree to. However, if the parties are unable to reach an agreement, a judge will step in and divide the marital assets between the spouses in an equitable fashion.

North Carolina is an equitable distribution state; unlike a community property state where the marital assets are divided 50/50, “equitable” does not necessarily mean equal. Separate property is not subject to division, separate property includes:

  • Property owned prior to the marriage
  • Inherited property
  • Gifts from someone other than the spouse

Factors Considered When Dividing Property

The court shall consider the following factors when dividing marital property:

  • The duration of the marriage
  • The age and health of each spouse
  • The income, property, and liabilities of each party
  • Custody of the children
  • The expectation of any pensions or retirement rights that are separate property
  • Contributions made by one spouse to educate or advance the career of the other spouse
  • Tax consequences
  • Any other factor the court deems relevant

What Happens to Retirement Accounts?

In North Carolina, pensions are divided like all other property: both vested and unvested pensions are marital property. If the spouses share in each other’s retirement or pension plan, then a Qualified Domestic Relations Order (QDRO) must be completed.

The QDRO is a written set of instructions that explains to a plan administrator that the two parties are dividing the pension benefits. It also sets forth the terms and conditions of the distribution.

Debt Division in North Carolina Divorce

In divorce, debts are treated the same as other property. Before dividing a debt, the judge will determine whether the debt is characterized as marital, or separate based on when it was acquired, who acquired it, and how it is used.

If the court determines that it is not the separate liability of either spouse, the court will either split it equally between the spouses or divide it in another manner that the court deems fair considering the circumstances. Our debt division lawyers are dedicated to the highest standards of ethics, professionalism, and legal excellence.

Client Testimonial

Willing to go the extra mile to help their clients

Collins Family Law group is a wonderful group of women willing to go the extra mile to help their clients. If you’re going through a divorce situation, I would highly recommend you contact them.

Laura S.

Need a Property Mediation Attorney in Charlotte, NC?

Over the course of a marriage, there is often a lot of property acquired, and potential debt accrued. If you find yourself needing to divide a complex portfolio of marital assets, the team at Collins Family Law includes experienced property mediation attorneys and debt division lawyers who can help. We will help you understand your rights and options, and aggressively pursue your desired outcome.

Ready to Start the Process?

Divorce can be a long, exhausting process. If you have been through an emotional, difficult separation and still need to divide property and debt, contact Collins Family Law. We understand what you’re going through, and will be your guide through this often complicated legal process while you focus on healing.

Why Choose Our Lawyers?

  • We offer expertise — Board Certified Family Law Specialist at the firm.
  • We have proudly served North Carolina for over 20 years.
  • We pursue peaceful solutions and have two licensed mediators on our team.
  • We are zealous advocates if litigating the case in the courtroom is required.
  • We are known for creative, client-centered strategies.

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