Equitable distribution/more


#1

This is for illustrative purposes only, I do not know if this settlement is fair and reasonable in your case because I have not reviewed your financial information. If the total that you own is 70,000 it would generally be divided this way.

40,000 in total retirement means you should each get $20,000 in retirement. Retirement funds have different tax conseqences and are generally treated differently.

$30,000 in equity in the home means you should each get $15,000, however because you are paying $5,000 more in debt than he is, you are entitled to receive $5,000 more than him. Which means you get $20,000 in equity and he gets $10,000. The total to him between retirement and house equity is $30,000.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

So that I can understand this, I want to use figures because I’m still having trouble following:
If there is $30,000 equity in the house, $30,000 in my retirement account, $10,000 in a 401K. Total equity = $70,000. His debt is about $10,000. My debt is about $15,000 which includes a car loan. Do you say the Equity is $70,000 and subtract out the total combined debt of $25,000? This would leave $45,000 to split? So if his 1/2 is $22,500 and I want to keep the house and keep my retirement intact, I would need to come up with that amount to pay him out?

Thanks so much! This is tricky to follow!