Last post, we wrote about some cursory copyright issues regarding non-fungible tokens (NFTs). Today, we are going to dive into what happens when NFTs are part of a divorce. While divorce itself is nothing uncommon or new, the NFT craze and how they will be split up is surely uncharted…
Harris v. Harris, 352 S.E.2d 869, 84 N.C.App. 353 (N.C. App. 1987) In the case above, the plaintiff was ordered to pay to defendant an Equitable Distribution (ED) distributive award in the amount of $23,706.82, but payment of the award was postponed until the parties’ youngest child reached age 18…
ZIMMERMAN V. ZIMMERMAN 2021-NCCOA-485 Previously, we have written about the use of stipulations in a case to maximize efficiency and what is required in an oral stipulation in the context of Equitable Distribution. (Our courts have held, for an oral stipulation on Equitable Distribution to be valid, that the parties…
Wall v. Wall, 536 S.E.2d 647, 140 N.C. App. 303 (N.C. App. 2000) There are various legal mechanisms by which former spouses separate their personal and real property. One mechanism is Equitable Distribution (ED). Practically speaking, however, no division of property should be accomplished without first obtaining an Order/Judgment from…
In North Carolina, a stipulation, in the legal context, is an agreement between the parties in a lawsuit. It is most commonly used by parties to extend deadlines for responding to discovery or to agree on a factual finding that is uncontested. It can be done to minimize costs in…
Desai v. Desai, No.COA20-435 (July 2021) (unpublished) Often in matrimonial cases, one party might question whether jewelry gifted to a spouse can be taken back in the property division phase of a separation and divorce. Jewelry and other assorted gifts often represent everlasting love and affection between spouses, so it…
Unpublished Opinion – No. COA19-566 Carmen Cousin and Terry Cousin were married for seventeen years. They separated in May 2016. Upon separating, Carmen filed a complaint, which included a claim for equitable distribution. Terry then filed an answer, which included a counterclaim for equitable distribution. In the final equitable…
Recently, I have been giving thought to how increases in separate property values through the active work of a spouse is considered during equitable distribution. As a refresh, the goal of a trial court in divorce is to classify all property owned on the date of separation, value it, and…
Dechkovskaia v. Dechkovskaia, 232 N.C. App. 350 (2014) Equitable Distribution is a mechanism by which former spouses separate their personal and real property. Sometimes the spouses may have some marital (or divisible) interest in a third party’s property. One example is when a couple resides at one spouse’s parent’s residence,…
Brackney v. Brackney, 682 S.E.2d 401 (N.C. App. 2009). Facts: Plaintiff and Defendant had a child with severe neurological needs. To accommodate the child’s needs, they chose to build a single-level home that was accessible. The child unfortunately passed. The parties then separated a year later. The home’s construction was…