Equitable Distribution

Equitable Distribution
Statute:	N.C.G.S. § 50-20
Description	How property and debt are distributed between the spouses
Summary:	Most property and debt are divided 50/50 most of the time, regardless of which spouse has current possession or title. However, many rules and exceptions apply.

Equitable Distribution means the fair distribution of property and debt between the spouses. In most cases, most property and debt of either spouse is divided 50/50, regardless of which spouse is on the title. However, there are many rules and exceptions. Courts determine equitable distribution in three stages: (1) Categorization (2) Value (3) Distribution.

When Started or Stopped

You cannot file a lawsuit for equitable distribution until after you and your spouse live in different homes (see Date of Separation).

Categorization

Property or debt can be characterized as "marital", "divisible", or "separate". Separate property is the only property that is not divided between the spouses.