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Valuing Property for Equitable Division

In Separation & Divorce by Sarah Hink

Property division is one of the most frequently disputed issues when couples divorce. The reasons are obvious. First, both members of any marriage contribute to the marital relationship, household, and family, and each is therefore entitled to his or her fair share of accumulated property. Second, property division helps each person to attain some sense of financial stability at a time of great personal upheaval. North Carolina is an equitable distribution state. This means that unless there is a pre-nuptial agreement or other agreement in place, courts in this state are permitted to take all marital property that a couple has accumulated between the time of their marriage and separation and to equitably divide and distribute that property between the couple in accordance with numerous statutory factors. Marital and Divisible …

Business Valuation and Divorce

In Wealth by Elizabeth Stephenson

The separation and divorce process is tragic on an interpersonal level in that it ends a long-term relationship that was once full of hope. Adding insult to injury, the level of animosity in a divorce can escalate when it comes to money. A common matter of dispute regarding money occurs when a family business is involved. The heart of the legal conflict comes in the answers to two questions: (1) what is the value of the business; and (2) how will it be distributed in the divorce? Fair Value of the Business Assessing the net value of a business truly depends on the size and complexity of the business. In North Carolina, the general starting point in dividing any marital property is an equal division of the net value of …