Required Inventory Affidavits of Marital Property

你可能已经知道了, the Piedmont Triad is in a state (North Carolina) that presumes equitable distribution of marital property. Marital property includes all property 和 assets that have been acquired by one or both spouses during the marriage but before separation. This property, both assets 和 debts, is to be divided equally between the spouses. Equitable distribution can be avoided if there is a valid prenuptial agreement in place that provides for an unequal distribution of the property acquired during the marriage. For assistance with either a prenuptial agreement or with the equitable distribution process, it is important to have an experienced family law 和 divorce attorney at your side. 

Without a valid prenuptial agreement, equitable distribution is going to be presumed by the court. In order for there to be a 50/50 split of the property, there needs to be a document listing all of the property subject to division, 包括资产和债务, 以及财产的价值. This document is an inventory affidavit of martial property, also known as an ED affidavit. The date of valuation for these assets 和 debts is going to be the date of separation. 例如, you would need to determine the amount of money that was in the joint checking account as of the date of separation.  Note that there are factors for the court to consider for an unequal division of marital property. 

As part of the property division case (equitable distribution) in court, you have to list the assets 和 liabilities of the marriage in the ED affidavit 和 affirm or swear that the listing is correct before a notary public. 你必须做一个全面而公正的披露. Without such a disclosure of the assets 和 liabilities, the court will not be able to accurately divide the property equitably. You would want your spouse to make a full disclosure of their assets, 尤其是那些你无法接触到的东西, so you should do the same in order to make the process as easy as possible. 

当然, you may also settle your property division case without a court proceeding if everyone can agree on all points. This requires complete agreement on what assets are subject to division – i.e., are they martial assets (acquired during the marriage) or separate assets (acquired prior to the marriage or after the date of separation with separate funds). 除了, the parties must agree as to who gets the property 和 what is the value of each asset 和 liability. 

An experienced attorney can assist in both filling out the ED affidavit accurately 和 strategically, 在与对方谈判时也是如此. The ED affidavit can be used in mediation as a basis for the negotiations, 为了避免法庭诉讼. If the parties are unable to agree on all of the issues, they will have to go to court 和 a judge will determine how the property that has not been agreed upon will be divided between the spouses.  

For assistance with required inventory affidavits of marital property, or any of the wide range of family law 和 divorce services that we offer here at 伍德拉夫家庭律师事务所, contact us today to set up an initial consultation. Our knowledgeable attorneys have both the competence 和 the experience to assist you.