Equitable distribution


#1

Some counties have some forms for limited purposes. There are not forms provided that will take care of all of the documents required. Check the Administrative Office of the Courts and your local Clerk of Court for some forms. Generally, it is advisable to employ counsel for property division if possible.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you for the response. Unfortunately, I am financially strapped. Ex-wife committed adultery, had huge debts run up on credit cards, took the vehicle that had equity in it, and now is filing for bankruptcy. I have chosen to pay on the half of the debt that would be left to me. I want to make sure that I receive half of the equity in the vehicle and she assumes half the responsibility for the debt. I know that an equitable distribution needs to be filed prior to the final divorce papers. Just trying to cover myself on an extremely tight budget.


#3

Put all of your energy into reaching an agreement. It makes no sense at all, economically, for you to litigate.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

Thanks again. However, if her tactic is to stall until she files the divorce paperwork, am I not left holding the bag on the debt as well as lose my interest in the equity of the vehicle (@$4500) if I do not file an equitable distribution claim?


#5

Can the equitable distribution action be filed by an individual?


#6

Yes.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#7

Are there forms readily available to file for equitable distribution or must an attorney perform that function?