Protecting Your Right To Marital Property
Determining how to separate assets and share debt that accrued during a marriage can be among the more stressful aspects of divorce. North Carolina law calls for the equitable division of property, which is not to say that everything you own jointly will be split equally.
If you are unable to reach agreement on division of property matters, the court determines what will be considered marital property and how to separate such property between both parties. Marital property is any real and personal property that was acquired by either spouse during the course of the marriage and before the date of separation.
Increasingly, prenuptial agreements are being used as estate planning tools in order to protect assets that individuals bring into a second marriage. These agreements address the issue of protection of separate property. Our lawyers’ extensive experience in estate planning as well as family law makes us uniquely qualified to create prenuptial agreements that protect both parties’ interests.
Property that was acquired by either spouse before the marriage, inherited or received as a gift is generally considered separate property. In certain circumstances, it may be included in marital property, particularly if commingled with marital assets.
The experienced family law attorneys at the Law Offices of Geoffrey A. Planer adopt a solutions-oriented approach to property division. As with child custody, reaching agreement without litigation allows both parties to retain more control over the outcome.
We understand the nuances of valuation methods in order to properly value complex holdings such as investment real estate, family-owned businesses and 401(k) or other retirement accounts. If necessary, we also work with appraisers, pension evaluators, forensic accountants and other financial specialists to obtain a full and accurate valuation of your marital property.