Helping Clients Navigate A Course To A Better Future

A spouse’s own property stays that way in a divorce

On Behalf of | May 1, 2020 | Marital Property Division

Earlier in history, many people may have stuck it out in a bad marriage because they did not want to lose prized possessions in a divorce. This was especially true if the stakes included a family estate or a great amount of treasure that one hoped to pass to one’s children. Although some people still think this way, the laws of North Carolina and many other states are far more modern now.

The Tar Heel State does not hold to an idea that all of a person’s property is automatically part of a communal pool with a spouse. Instead, courts apply the principle of equitable distribution for all assets that could be considered marital property. This means that their decision will be based on the factors that help show what each spouse deserves out of his or her time, investment or effort towards the asset.

In this way, inheritances and family estates would be considered the property of the spouse who inherited it because that asset came from the family connection. It is called separate property in divorce proceedings. This may be complicated, however, if one spouse made a significant improvement or other type of investment in the property.

Marital property is the term for anything a couple acquired or improved together. Spouses often have to make arguments for who should receive what in this process.

An actual argument, however, is often unnecessary with conflict resolution and other tools that would avoid a visit to court. An attorney can help recommend alternatives that leave everybody satisfied with the results of the divorce.

Client Testimonials

A Wonderful Experience

I had a wonderful experience with Kennedy Law Associates. Marsha Kennedy and her Associates were knowledgeable, efficient, and caring. I felt like my case was a high priority to them, and they helped me understand every step of the divorce process throughout my entire case. I would highly recommend this firm to anyone looking for assistance with a family law matter!
Jennifer Haines

Smart, Caring Staff

I am savvy financially, but had no clue about the divorce process. Through it all, Ms. Kennedy and her staff have been there for me and my kids.

The experience you need through a difficult time

Marsha Kennedy and her team has expertly handled each situation and guided me through the process.

Highly Recommend!

Kennedy Family Law did a wonderful job representing me in my divorce. Always responsive and kept me informed – they really cared about me.
Bette Frederick

Highly Recommend!

I have been working with Marsha Kennedy and her team and am so impressed with how my case is being handled.
Kelly Peterson
FindLaw Network