My Spouse is Delaying Our Property Division Proceedings

In Separation & Divorce by Sarah Hink

North Carolina courts are tasked with resolving property division conflicts when couples separate and divorce. They do so by identifying marital property, determining the fair market value of the property, and determining an equitable distribution of this property based on a number of statutory factors. While this concept may sound straight forward, the reality of property division is much different. In fact, property division can become really messy. There are disputes over whether property is separate property (and thus not subject to division), the valuation of property, hidden property that one spouse did not know about, inheritance gained during the marriage, the date that property was acquired, and improper actions regarding property. Among the problems that we see is the situation when a spouse delays a property division case. Consequences …