"Fair Rental Value" and "Closely Held Business"

Your Husband is incorrect regarding the “Fair Rental Value.” The debt used for the purposes of equitable distribution is the balance of the mortgage on the date of separation. You do not owe him funds for the fair rental value.

The business may have value, but the only way to know that would be to have it valued by a professional.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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Equitable Distribution lawsuit with husband, I am the defendent. He says that “Fair Rental Value” allows him to use the current mortgage debt not the debt on date of separation. Also he says that since the amount that I have paid each month for mortgage, insurance, taxes and repairs is $200 less that the “Fair Rental Value”, that he can charge me $200 a month times the 41 months we have been separated. Is he right or wrong?

My husband is a Builder/Contractor with a business that is a two man operation (him and a another employee) and subcontractors. He says his business has no value. Is he right or wrong?