Greensboro Divorce and Marital Property Division Lawyer
There are four basic steps in the marital property division process in any North Carolina divorce:
- Accurately identify the property existing at the date of separation
- Determine what is marital property, what is separate property (not subject to division) and what is mixed property (only part of which may be subject to division)
- Determine the true value of the property subject to division
- Distribute the assets and property in a fair and equitable manner
Protecting Your Interests in Marital Property Division
Our goal at Rebecca Perry Family Law, is to ensure that our client receives his or her fair share of e marital property, without depleting the entire marital estate in the process. Courts are constrained to follow certain procedures in the property division, which can have the effect of diminishing the net value of either or both parties' share. More importantly, the cost of the court process can quickly exceed the total value of the property to be divided. Our approach to the division of marital property enables us to do what North Carolina judges often cannot do - negotiate a fair, equitable and individualized settlement, often without the time and expense of litigation.
In the event that property issues cannot be resolved by agreement relatively quickly, we can assist you to preserve your share of marital property until the marital estate is divided, including some or all of the following actions:
- Taking possession of the assets you wish to use during the negotiations of property distribution litigation, such as furniture and vehicles, and those assets that might be liquidated or "held hostage" by your spouse, including jewelry, collectibles and cash.
- Protecting your credit rating by: (1) freezing or closing joint credit cards and blocking your spouse's access to other joint credit such as a home equity loan; (2) closing joint bank accounts and opening accounts in your own, individual name; and (3) changing the name of the responsible party on utility and other bills.
- Filing a Lis Pendens in the Deeds Office of any county where you or your spouse own real property. A lis pendens is basically a notice of pending litigation that may affect real property. A lis pendens clouds the title to the property, effectively preventing sale.
- Obtaining an injunction restraining your spouse from transferring or otherwise disposing of any property covered by the restraining order or to return separate property.
- Obtaining an interim distribution of marital property, pending a final resolution of the property matter. Such an interim allocation could, for instance, give you much needed funds on which to live.
- Changing the locks on the marital residence if your spouse has moved out and established a residence elsewhere.
Experienced, Knowledgeable Counsel With Proven Results
To discuss the particulars of your case in a confidential consultation with Rebecca Perry, contact her today.
Please continue reading for more information about important issues in property division.
