Property Division

Durham-Chapel Hill-Raleigh Board Certified Equitable Distribution Lawyer

Serving the Triangle Area

I am experienced in handling complex property distribution cases. I was primary attorney in an appeal of an equitable distribution order involving an interest in a medical practice valued at $1.2 million.
− Attorney Gray Ellis

If you get divorced in North Carolina, your marital assets and debts will be divided according to the law of equitable distribution. "Equitable" is presumed to be 50-50. However, there are financial factors the court can use to award one party a greater share of marital assets. For example, if one party has a higher earning capacity, the high wage earner may receive less than 50 percent of marital assets.

When significant assets are at stake, it is important to get good legal advice as early as possible in the divorce process. Led by a Board Certified Specialist in Family Law (one of only a few practicing attorneys in Durham County to have this designation) with more than a combined fifty years of experience serving clients in Durham-Chapel Hill, Ellis Family Law is fully qualified to help you protect your separate property rights and obtain a fair distribution of marital property.

Did You Know?

  • Property you had before you were married is separate property and does not have to be divided, except under certain circumstances. It is important to discuss your situation with a qualified attorney to address this situation.
  • All assets acquired during the course of the marriage that exist on the date of separation are presumed to be marital property. There are exceptions for gifts and inheritances given to one party.
  • If you have retirement benefits through your employer, the portion of those benefits earned during your marriage must be divided with your spouse, unless the parties agree otherwise.
  • You can bypass North Carolina's equitable distribution law if you have a prenuptial agreement.

For more information about equitable distribution: Call Ellis Family Law at 919-688-9400 or fill out the contact form on this site.

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