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North Carolina and South Carolina are equitable distribution states, not community property states. Unlike a community property state, which divides marital assets 50/50, equitable distribution states take the time to make sure the division is fair to both parties, and they do not divide separate property.

In North Carolina, this is accomplished through a method called ?equitable distribution.? This method allows courts to take the fair market value of all of a couple's ?marital property,? then divide it between the spouses in an ?equitable manner.? If you are considering a prenuptial agreement or a divorce, these are ...

Since the allowable time frame for equitable distribution and divorce are linked and a claim for divorce is not barred by a statute of limitations, Bruce v. Bruce, 79 N.C. App. 579, 339 S.E.2d 855 (1986), a claim for equitable distribution also cannot be barred by a statute of limitations.

Under North Carolina law, "marital property" means all real estate and personal property that either or both spouses acquired after they married and before they separated, except for property that's determined to be "separate" or "divisible" (as discussed below). (N.C. Gen. Stat. § 50-20(b)(1) (2023).)

The age, mental health, and physical health of both spouses. The need of a spouse who has custody of a child of the marriage to live in the marital residence or use household effects. The expectation of one spouse to share in another's spouse's retirement, pension, or any other compensation that is not marital property.

Generally, North Carolina courts will consider who purchased the home and when, but they will also consider what both spouses contributed to the home throughout the marriage. In short, the name on the title is not the deciding factor in the division of assets.