Charlotte & Sumter Property Division Lawyer

Helping You Divide Assets in North Carolina

At the Law Office of Montgomery and Hart, PLLC, we recognize that property division is a critical aspect of family law, often accompanying significant life transitions. Whether you're facing a divorce or seeking legal guidance on property distribution, our experienced team is here to navigate the intricate legal landscape. Serving Charlotte and Sumter, our dedicated attorneys understand the nuances of property division in North Carolina, ensuring your interests are safeguarded during this challenging time.   

Call the Law Office of Montgomery and Hart, PLLC today at (980) 243-4470 or contact us online to schedule a meeting with our property division attorney in Charlotte & Sumter!

What is Property Division?

Property division is the legal process of distributing assets and debts between spouses during a divorce or separation. In North Carolina, this process is governed by equitable distribution laws, aiming to achieve a fair and just allocation of property, taking into account various factors.

Assets subject to division can include real estate, bank accounts, investments, businesses, and personal belongings. Debts like mortgages, loans, and credit card balances are also part of the equation. Having a knowledgeable attorney by your side is crucial to guide you through the complexities of property division and ensure that your rights are protected.

How is Property Divided in North Carolina?

North Carolina adheres to the principle of equitable distribution when dividing marital property. While equitable does not mean equal, the court aims for a fair distribution based on several factors, including:

• Contributions to the Marriage: Evaluating monetary and non-monetary contributions made by each spouse during the marriage, such as financial support, homemaking, and childcare responsibilities.
• Duration of the Marriage: Considering the length of the marriage, longer unions may involve more intricate joint financial entanglements, influencing asset and debt distribution.
• Earning Capacities: Assessing each spouse's earning potential and financial circumstances, as disparities may impact the distribution of assets.
• Conduct of the Parties: Although North Carolina is a no-fault divorce state, the court may consider misconduct leading to the marriage breakdown when determining property division.
• Health and Age: Factoring in the physical and emotional health of each spouse and their ages can influence the court's decision on property division.
• Assets and Liabilities: Evaluating the nature and value of marital assets and liabilities, including real property, personal property, and debts accumulated during the marriage.

Comprehending these factors is essential for those divorcing in Charlotte or Sumter. At the Law Office of Montgomery and Hart, PLLC, our attorneys profoundly understand North Carolina's equitable distribution laws, guiding clients through the process to achieve a just outcome.

Property Division Process in North Carolina

The property division process typically involves these critical steps in North Carolina:

1. Identification of Marital and Separate Property: Collaborating closely with clients to distinguish marital and separate assets and debts, as only marital property is subject to equitable distribution.
2. Valuation of Assets: Working with appraisers, financial experts, and other professionals to accurately assess the value of assets like real estate, businesses, and investments.
3. Negotiation and Settlement: Striving for a fair settlement through negotiation, granting clients more control over the outcome and expediting the process when possible.
4. Litigation, if Necessary: In cases where negotiation fails, our litigators are prepared to advocate for clients in court, presenting evidence and legal arguments for a fair property division judgment.
5. Finalizing the Division: Ensuring all necessary legal documents are prepared and filed to finalize the property division following a settlement or court judgment.