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Marital and divisible property can both be divided by the court, while separate property is just that – separate. If the house is considered separate property, it will remain with the appropriate owner. If the house counts as marital or divisible property, the court will handle the division with equitable distribution.

Generally speaking, in North Carolina, spouses who own assets prior to getting married take their assets with them when they go, UNLESS they make the asset a gift to the marriage, in which case it likely becomes marital property.

What is a spouse entitled to in a divorce in NC? A spouse is typically entitled to some amount of alimony or spousal support, depending on the decision of the NC divorce courts. A spouse may also be entitled to a 50/50 split of marital property if so decided by the courts.

Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement. A separation agreement is not proof of the parties' separation. It is not required for a divorce in North Carolina, and it doesn't make a divorce in North Carolina easier or more difficult to obtain.

The First 5 Things To Do When Separating Step 1: Select a Divorce Attorney. Step 2: Determine Grounds For Divorce. Step 3: Understand State Laws. Step 4: Financial Assessment. Step 5: Nurture Your Well-Being.

While equitable distribution is determined on a case-by-case basis, there are some common factors that typically are used in dividing assets during a divorce using this standard: Presence of children in a marriage. Whether one spouse provided primary support for the other. Length of the marriage.

In North Carolina, the responsibility for spousal support, also known as post-separation support and alimony, is not automatically imposed on one party or the other. Instead, the court determines it case-by-case, considering various factors.

Both spouses can only remove the other from the marital home with a court order. So, if there is no court order in place, they both have the equal right to remain in the house throughout the separation period. But remember, living together is not considered a separate residence.

Is marital property always divided 50/50? Not always. North Carolina law presumes that an equal (50/50) division of marital property is “equitable,” or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.