HELP! property division questions

North Carolina Divorce Law Divorce and Separation Answers
1

All property earned during the marriage which exists on the date of separation is marital property and divisible by a court.

The exceptions to this are gifts, inheritance and property owned before marriage.

So the car owned before marriage is separate property
The honorarium if it still exists on separation is marital
The house proceeds if they still exist are separate property.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

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

Hi,

I’ve just separated from my ex. We were married for almost 4 years. I’m still trying to figure out how to divide our property. I have several questions and hope people who have gone through similar situations could help me out.

  1. Am I entitled to a portion of his company retirements after being married for nearly 4 years?
  2. He purchased a house right before we got married in 2001. The house was sold in 2003. How should this part of property be valued and distributed? I have the same question regarding a car he purchased before our marriage and has kept until now.
  3. Should we include my honorarium (money paid for my talks for which I didn’t pay tax, but the schools that invitied me did) in marital property?
  4. My parents gave me some gift money after my marriage, which I deposited in my personal bank account. Should this be counted as marital property?

Thank you very much for addressing my questions. Please email me at ywang@haverford.edu