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  1. How does the court deal with changes in value of marital assets and debts between the date of separation and the date the assets and debts are divided?

    This is, generally, referred to as divisible property and divisible debt. Like marital property and marital debt, it too is divided subject to similar rules. The rules that apply to active and passive appreciation are very important in determining whether an increase or decrease in value after the separation should...
  2. What is marital debt?

    The presumption that applies to marital property does not apply to marital debt. Thus, just because a debt was incurred during the marriage does not mean it is presumed to be marital debt. The spouse who wants the debt classified as marital must prove that it was incurred during the...
  3. What property and debts can be divided?

    All property that is “marital property” and all debts that are “marital debts” is divided. What constitutes marital property has developed from an extensive body of case law decided by appellate courts since the equitable distribution law was first passed in 1981. The law of equitable distribution is one of...
  4. What are marital assets?

    You might think your marital assets are pretty cut and dry. Usually, this is not the case. Marital property is primarily houses, furniture and automobiles, but marital assets can also include intangible items, like retirement and investment accounts, business and professional practices, and military benefits. In most cases, any property...

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.


John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

Estate Planning Services Tailored To Meet Your Needs

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