Equitable Distribution


Typically assets are divided near the time of separation. If the parties are unable to agree on a division of the property then one spouse may file a property division lawsuit. The trial rarely takes place sooner than 6-8 months after filing and the assets are distributed at that time. Sometimes a court will make interim distributions of assets prior to trial.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


When is the usual timing that a divorcing couple would distribute possessions? Would this be done at separation or at the time of the divorce? I ask because I own a home (deed and bank note both in my name only), but my ex lived there with me for 36 months of marriage. So, according to NC, he is entitled to half of the rise in equity. Do I make good on this at the time of separation or at the time the divorce papers are signed?