Marital Property


Dear javaking66:

Greetings. Property and income derived/earned after the date of separation in North Carolina is all separate property. Now, it can have a marital interest in that separate property if the property was purchased or gained with marital assets.

For example, if you have a brokerage account during the marriage with $50,000 in it and use $30,000 from this account after the date of separation to buy a car, the car is separate, but purchased with marital assets. Now, if you were to buy a car after the date of separation and have it on a loan with no money down, it is totally separate property. Thanks

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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.


We got seperated a year ago and I have filed for Divorce here but we are not divorced yet.

If I acquire any property during this period(now till the divorce is actually completed), will it be considered Marital Property?