Real or Personal Property


#1

Youth,

I assume you are attempting to define the terms in a property division context.

A home is real property, and any equity in a home is an asset that may be divided in an equitable distribution proceeding or Separation Agreement. Typically in a divorce instrument, whether it’s a court order or Separation Agreement, any provision related to equity in a home is dealt with in a section regarding real property.

Pension benefits are not real property, but the benefits are not typically thought of in a divorce context as personal property either. Typically in a divorce instrument, pension benefit provisions are separate from both real property and personal property provisions.

I hope that helps.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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

your assumption was absolutely correct. i need that defined for a separation agreement.

i am attempting the “do it yourself” divorce. however, if certain issues come up then i realize i will have to retain legal representation.

are there any legal professionals who work in the area that can review a separation agreement than my spouse & i have drafted? i am thinking someone who might work “by the hour”.

thanks!


#3

If you live in Wake County (or close by) you can certainly set up a consultation in our office to have your agreement reviewed. Please contact Jessica Sawyer at (919) 787-6668 for an appointment.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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.


#4

are pension plans and home equity considered real property or personal property?

thanks.