HARBINSON | BRZYKCY

Call Us Today: 828-600-7462

In case of emergency, text or call: 828-320-1887

HARBINSON | BRZYKCY
828-600-7462
Criminal Defense Trial Lawyers and Civil Practice Litigators • Criminal • Domestic • Injury • Disability • Estates

Skilled Help With Property Division In North Carolina Divorces

Last updated on June 30, 2025

Dividing property is one of the most important steps in any North Carolina divorce. Whether you are filing in Taylorsville or another part of the state, the division of marital assets can be complex and emotionally difficult and may benefit from seasoned legal representation.

At Harbinson Brzykcy, we bring over 135 years of combined experience to every property division case we handle. Our family law attorneys are known for their commitment to protecting clients’ well-being during challenging transitions.

Understanding The Types Of Property

North Carolina’s equitable distribution laws recognize three types of property in divorce:

  • Marital property: This includes most assets acquired during the marriage, such as wages, homes, furniture and retirement savings.
  • Separate property: These are assets one spouse owned before the marriage or received as a gift or inheritance during the marriage, and they typically remain with the original owner.
  • Divisible property: These are increases or decreases in marital property value that occur between separation and the date of distribution.

Misclassifying separate property as marital property could impact your financial future for years to come.

Frequently Asked Questions About Property Division

If you are starting the divorce process, you may have questions about your financial rights. Below are answers to a few of the most common questions:

Who gets the house in a divorce in North Carolina?

This depends on whether the home is classified as marital or separate property. If it was acquired during the marriage, the court will consider factors like financial contributions and child custody in determining how to divide or award it.

What is considered marital property in North Carolina?

Marital property typically includes all assets and debts acquired by either spouse from the date of marriage until the date of separation, unless proven to be separate property.

What assets cannot be touched in a divorce in North Carolina?

Assets considered separate property, such as those owned prior to marriage or received by inheritance, generally cannot be divided unless they were commingled with marital funds.

Get Support For Property Division In North Carolina

Whether your case involves a family business, a home or a retirement account, our lawyers are prepared to help you address the challenges of property division with clarity and focus. Call 828-600-7462 in Taylorsville or reach out through our online contact form to schedule a consultation.