# Equitable distribution

**URL:** <https://forum.rosen.com/t/equitable-distribution/2429>\
**Category:** Divorce and Separation Answers\
**Created:** [August 30, 2005, 12:35pm UTC](https://forum.rosen.com/t/equitable-distribution/2429 "2005-08-30T12:35:16Z")\
**Posts on this page:** 7\
**Page:** 1

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**Author:** ![Lee\_Rosen](https://sea1.discourse-cdn.com/flex019/user_avatar/forum.rosen.com/lee_rosen/32/13_2.png) [@Lee\_Rosen](https://forum.rosen.com/u/Lee_Rosen)\
**Post date:** [August 30, 2005, 12:35pm UTC](https://forum.rosen.com/t/equitable-distribution/2429/1 "2005-08-30T12:35:16Z")

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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](http://www.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.

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**Author:** ![NCTW530](https://avatars.discourse-cdn.com/v4/letter/n/ed8c4c/32.png) [@NCTW530](https://forum.rosen.com/u/NCTW530)\
**Post date:** [August 30, 2005, 12:50pm UTC](https://forum.rosen.com/t/equitable-distribution/2429/2 "2005-08-30T12:50:00Z")

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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.

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**Author:** ![Lee\_Rosen](https://sea1.discourse-cdn.com/flex019/user_avatar/forum.rosen.com/lee_rosen/32/13_2.png) [@Lee\_Rosen](https://forum.rosen.com/u/Lee_Rosen)\
**Post date:** [August 30, 2005, 1:20pm UTC](https://forum.rosen.com/t/equitable-distribution/2429/3 "2005-08-30T13:20:32Z")

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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](http://www.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.

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**Author:** ![NCTW530](https://avatars.discourse-cdn.com/v4/letter/n/ed8c4c/32.png) [@NCTW530](https://forum.rosen.com/u/NCTW530)\
**Post date:** [August 30, 2005, 1:45pm UTC](https://forum.rosen.com/t/equitable-distribution/2429/4 "2005-08-30T13:45:02Z")

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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?

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**Author:** ![NCTW530](https://avatars.discourse-cdn.com/v4/letter/n/ed8c4c/32.png) [@NCTW530](https://forum.rosen.com/u/NCTW530)\
**Post date:** [September 2, 2005, 12:06pm UTC](https://forum.rosen.com/t/equitable-distribution/2429/5 "2005-09-02T12:06:33Z")

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Can the equitable distribution action be filed by an individual?

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**Author:** ![Lee\_Rosen](https://sea1.discourse-cdn.com/flex019/user_avatar/forum.rosen.com/lee_rosen/32/13_2.png) [@Lee\_Rosen](https://forum.rosen.com/u/Lee_Rosen)\
**Post date:** [September 3, 2005, 2:40pm UTC](https://forum.rosen.com/t/equitable-distribution/2429/6 "2005-09-03T14:40:01Z")

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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](http://www.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.

---

<div class="post-metadata">

**Author:** ![NCTW530](https://avatars.discourse-cdn.com/v4/letter/n/ed8c4c/32.png) [@NCTW530](https://forum.rosen.com/u/NCTW530)\
**Post date:** [August 30, 2005, 12:32pm UTC](https://forum.rosen.com/t/equitable-distribution/2429/7 "2005-08-30T12:32:42Z")

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