North Carolina Affidavit Declaring Beneficial / Equitable Ownership of Leasehold Interest

State:
Multi-State
Control #:
US-OG-175
Format:
Word; 
Rich Text
Instant download

Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). This form is used by the Affiant as a declaration for the purpose of giving notice to all parties dealing with the Lease, as to the lands described, that Affiant claims ownership of equitable or beneficial title to an undivided interest in the Lease.

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FAQ

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.

By law, an equal division of marital property is preferred, but if either spouse requests an unequal division and the judge finds that an unequal distribution would be fair, the court may give more of the property or debt to one party than the other. Judges consider many factors in deciding how to divide property.

G.S. §§ 50-20 and -21 govern claims for equitable distribution, and do not provide a statute of limitation for absolute divorce or equitable distribution claims. Further, there are no North Carolina cases barring a claim of equitable distribution due to a statute of limitations.

If One Spouse Wants the Other to Leave North Carolina courts have the power to force a spouse out of the marital residence if the other can prove a claim for divorce from bed and board, child support, and alimony or postseparation support where fault is shown.

In North Carolina, equitable distribution is the process of dividing assets and debts that were acquired during marriage. The theory behind equitable distribution is that marriage is a shared partnership and therefore each spouse has an equal right to the marital property.

North Carolina is an ?equitable distribution? state. Under equitable distribution, marital and shared debt and property are generally divided in a way that would be equitable. This is not necessarily a 50-50 split and can be modified in a way that will be fair to both parties, in the eyes of the court.

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North Carolina Affidavit Declaring Beneficial / Equitable Ownership of Leasehold Interest