Your Ally During Division of Marital Property
Whether you were married 30 years or four months, the property that was acquired or earned during your marriage is marital property and subject to division. Property that you brought into the marriage is usually not subject to division, but may be under certain circumstances. In North Carolina, our property division law is called the Equitable Distribution Act. At The Jonas Law Firm, P.L.L.C., our property division attorney is your ally during these important determinations.
The following types of property may be subject to equitable distribution:
- Collections of art, guns or other valuables
- Residential property, including the primary residence and vacation property
- Retirement assets, including 401(k), IRA and pensions
- Stocks, bonds and other assets
- Vehicles, including boats, motorcycles and ATVs
In general, any asset acquired during the marriage may be considered marital property and could be divided in a divorce. It is important to keep in mind that debt – including credit card debt, medical bills and taxes – are divided also. While the legal assumption is that marital property will be divided equally, the court can deviate in its determination and award more than 50 percent of the property to one party. As your law firm, we will work toward that end, if that is your goal. Likewise, we will fight to protect your property if your spouse seeks more than what is due to him or her.
Marital Assets Attorney and AV* Rated Lawyer
Dividing marital property after a long marriage can be complicated. There are generally jointly owned assets. Often there is a family business or other assets that require an independent appraisal. In some instances a spouse will hide funds and we will engage a forensic accountant to trace the money. Each case is different and we customize our services to give you the best chance for success.
Our family law attorney, Johnathan L. Rhyne Jr., is an AV* rated family law attorney and the only North Carolina State Board of Legal Specialization Certified Specialist in Family Law within the 27B Judicial District (Lincoln and Cleveland Counties) and one of only two in the 27A Judicial District (Gaston County). No matter how complicated or involved your marital property may seem, we will work hard to represent your interests.
Contact The Jonas Law Firm, P.L.L.C.
We welcome inquiries about collaborative law, mediation, arbitration and divorce and would be happy to help you. Please call 704-666-1210 to schedule an appointment or send our lawyers an e-mail to arrange for a consultation.
*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.