equitable distribution in NC

What is the name of your state? north carolina
our total marital estate comes up to 200,000 and we owe
35,000 on our house which my husband plans to keep.
his assets come up to 165,000 and mine 35,000.
does the debt of the house come off the total
200,000 and then again give him credit off of
his 165,000 or does it come off the whole
200,000 and not addressed again? in other words,
he's figuring that our total estate is only worth
165,000 -200,000 minus the 35,000 mortgage-
and then he wants credit for the mortgage once
again since he will be making payments on
the house making his assets worth 130,000
-165,000 in assets minus the mortgage- i
say the total estate is 165,000 and split the
difference bringing each of our values to
82,500 each.

If you and your husband can decide this between yourselves, that's great. Just be sure you know your rights. Speak to an attorney.

I am going through equitable distribution now in NC and it is NOT a matter of 50/50, it is "equitable" which means "fair". The judge has a list of 12 items to look at to decide what is "fair." Tho many think Equitable means 50/50, and that was the general idea of the law, the equitable (fair) distribution is not always 50/50.

Also, there are 3 kinds of property to be determiined - Marital property, separate Property and Divisible property. Debts are included in these types of property.

It is up to each individual judge how to divide property and debts. As long as that judge follows the ED laws and considers all factors required, his ruling is quite likely to hold up through appeals. Look up the NC court of appeals, case Walter v Walter, in which the husband wanted the house, and credit for the mortgage payments.

IT IS VERY COMPLEX - get a good family law attorney.....and expect it to take more than a year, because equitable distribution cannot be heard until the divorce is final. In other words, over a year. You can, however, file for an interim hearing and post separation support if you need that.