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Articles Posted in Property Division

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Gray Divorce in North Carolina

Recently, Kiplinger’s reported on “gray divorce,” or divorce among couples that have been married for 30-plus years. It pointed out the emotional and financial drains of a divorce, even when couples are older and presumed to have more security. Couples may find divorce tough if they’ve been married for so…

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How North Carolina Courts Handle a Spouse’s Testimony About the Value of Personal Effects During Divorce Proceedings

You may be wondering whether you’ll need an expert to value your property during a divorce. It may be necessary to retain one, but there are also some cases, where a property owner can provide adequate testimony about the value of assets. In a recent North Carolina appellate decision, a…

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Are 529 Savings Plans Legally Considered a Gift to Children in North Carolina?

A 529 Savings Plan allows parents to put aside money for their kids’ college expenses under tax-favorable conditions. How should trial courts classify the money in a 529 Savings Plan that is created and funded during marriage when a couple is getting a divorce? In a recent North Carolina marital…

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Separate Property Bought During Marriage?

Dear Carolyn, I have a family member who is separated. Before the separation, this person purchased a house with the deed only in her name and the deed of trust in both names. How will the courts view this property for equitable distribution? My family member thinks that since the…

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A year can seem like a LONG time…..

Dear Carolyn, My wife and I have been married 20 years. Our child is graduating from high school this year, and we are miserable.  We own a home with lots of debt and we cannot afford to separate without selling our home first.  We both work, but there simply is…

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Owning a Business can be tricky in a divorce

Dear Carolyn, I am involved in an equitable distribution case and I have a closely-held business in the Triad, which was started by my father. He still owns the majority of the business.  Eight years ago, my father gave me twenty-five percent of the business. I separated from my husband…

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Funeral Expenses from the Estate

Dear Carolyn, My wife and I have been married almost two years. Recently, and unfortunately, her grandmother passed away. Her grandmother had no immediate means to pay for funeral and burial services. The costs were paid by my wife and me on our credit card. The family has considerable land…

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The Clock is Ticking: Don’t Miss a Deadline

Dana M. Horlick, Attorney, Woodruff Family Law Group Whenever you become a party to a lawsuit, whether you are the Plaintiff or the Defendant, there are deadlines imposed by the Court, by statute, and by the Rules of Civil Procedure that are important to follow. There are deadlines whether you…

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Does Death Do You Part? Wills, Intestacy, and closely held businesses. Part 3 of 3.

Now let’s change the hypothetical of our Greensboro couple – Petunia and Rocky – in one respect. Recall that Petunia’s parents wanted her to have a premarital agreement regarding Home Grown Lawn Care, but Petunia and Rocky did not sign one. Maybe a few years into her marriage, Petunia realizes…

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Does Death Do You Part? Wills, Intestacy, and closely held businesses. Part 2 of 3.

By: Dana M. Horlick, Attorney, Woodruff Family Law Group

Now that we have the details and definitions out of the way, we can return to our Greensboro couple Rocky and Petunia and take a look at what happens to Petunia’s estate. Recall that Petunia died without a premarital agreement, without children, and without a will. Since Petunia died without…

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