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Raleigh Equitable Distribution of Property Lawyers

A few states in the US follow the doctrine of community property, under which all assets belonging to a divorcing or separating couple are split equally between them. However, North Carolina follows a different doctrine known as equitable distribution. The underlying principle of equitable distribution is that a 50/50 split of assets is not necessarily fair.

If you are concerned about protecting your property during a divorce or separation, experienced advice from Raleigh equitable distribution lawyers Marshall & Taylor PLLC can help. We can educate you about the law and aggressively represent you. Call us at (919) 833-1040.

The Process of Equitable Distribution

When it comes to dividing shared property, the law makes an interesting distinction between “equal” and “equitable.” In legal terms, equal division of property means that each party gets 50% of the value of the property. Equitable division, in contrast, focuses on justice and fairness more than equality.

In most cases, equal distribution of a divorcing couple’s property is assumed to be equitable. If that is not true for your circumstances, a Raleigh equitable distribution attorney can help you show the court why equal distribution is not right for your case. The court may consider many different factors while making their decision, including:

  • Any contribution one spouse made to the other’s education or career
  • Any improvements one spouse made to increase the value of shared property
  • Whether the spouse with primary child custody will need to continue using the residence
  • The length of the marriage
  • The medical and psychological needs of each party

Contact Us

Property division between divorcing or separating spouses can become very complicated. If you need assistance making sure your rights are protected, contact Raleigh equitable distribution of property attorneys Marshall & Taylor PLLC at (919) 833-1040.