Inventory Affidavit
| Inventory Affidavit | |
| Statute: | N.C.G.S. §50-21(a) |
| Description | Inventory affidavits are used to disclose property and debt. |
| Takeaway | Your spouse is entitled to your financial records. |
Inventory Affidavits are forms used to disclose each spouse's property and debt to the court. Once a lawsuit for equitable distribution is filed, both spouses are required to provide an inventory affidavit by law. Additionally, the spouses have to sign a "Certification of Initial Disclosures" promising all of the relevant evidence has been shared with the other spouse.
Each individual county courthouse uses its own inventory affidavit and certification of initial disclosures forms. Additionally, each courthouse often has different rules on what evidence has to be shared. For example, one county may require bank statements covering three months before the date of separation up to current. Another county may only require one current statement and one statement covering the date of separation.
The initial affidavit is not binding at trial.[1] Each courthouse uses different forms for the disclosures and for providing legally binding affidavits prior to trial. If one spouse refuses to provide disclosures, the other spouse can file a "Motion to Compel" asking the court to order the spouse to provide financial disclosures.
Disclosures
Deadlines
The spouse that initially files an equitable distribution claim with the court has 90 days after serving their claim on the other spouse to provide an inventory affidavit. The other spouse has 30 days later to provide their own inventory affidavit.[1]
Local Forms
Each courthouse uses its own inventory affidavit form.
- Wake County: Form Wake-DOM-19
- Durham County: DUR-DOM-10