Generally speaking in a separation agreement, specifically concerning equity in a home, what figure is used for one spouse to pay off the other? Meaning, does one spouse use the assessed tax figure of a house and use that figure to give the other spouse half of the equity? Or is the appraised value of the home used?
The appraised value from a recent appraisal is considered to be the most accurate value in determining the value of a marital residence in a divorce case. This is what is used in all equitable distribution court cases to prove value to a judge. You should not use the tax value as this is not always accurate.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you Anna! Is spousal support Legal in NC? I am a dependent spouse and my wife who makes nearly 3X what I make says she spoke with an attorney/mediator who says there is no legal basis in NC for it and it cannot be used in my case. I have went on the Rosen website and there are many examples.
Rain or shine, the future is now!
Keven Casey
Spousal support is certainly valid in NC. Specifically, these are claims for postseparation support and alimony. To be awarded alimony, there must be a dependent spouse (spouse who is actually and substantially dependent on the other for their maintenance and support) and a supporting spouse.
Check out our detailed article on alimony, Will You Owe Your Spouse Alimony After a Divorce?
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.