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Friday, July 24, 2020 | History

2 edition of Principles of valuation in North Carolina equitable distribution actions found in the catalog.

Principles of valuation in North Carolina equitable distribution actions

Clarence E. Horton

Principles of valuation in North Carolina equitable distribution actions

by Clarence E. Horton

  • 130 Want to read
  • 29 Currently reading

Published by Institute of Government, University of North Carolina at Chapel Hill in [Chapel Hill] .
Written in English

    Places:
  • North Carolina.
    • Subjects:
    • Marital property -- Valuation -- North Carolina.,
    • Equitable distribution of marital property -- North Carolina.,
    • Matrimonial actions -- North Carolina.

    • Edition Notes

      StatementClarence E. Horton, Jr.
      SeriesSpecial series / Institute of Government, University of North Carolina at Chapel Hill ;, no. 3, Special series (University of North Carolina at Chapel Hill. Institute of Government) ;, no. 3.
      Classifications
      LC ClassificationsKFN7497 .H67 1989
      The Physical Object
      Paginationvi, 52 p. ;
      Number of Pages52
      ID Numbers
      Open LibraryOL2249892M
      LC Control Number89126058

      Elaborating Upon Equitable Distribution in South Carolina In South Carolina, property is divided “equitably” after a divorce. The term “equitable” is largely a subjective determination made by the family court based upon a number of apportionment factors set forth by the South Carolina Code of Laws. Share your Equitable Distribution appraisal need, and we will contact you promptly Family owned and operated since We are accredited appraisal experts that produce independent valuation reports that meet the highest professional standards.

      What is equitable distribution? Equitable distribution is a method of dividing property at the time of states except for Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin follow the principles of equitable distribution. Equitable distribution of marital property Principles of valuation in North Carolina equitable distribution actio Clarence E. Horton Not In Library. , 2 books Advanced Family Law Seminar (4th Richmond, Va.), 1 book Rainer Thieler, 1 book J. Thomas Oldham, 1 book. Lists. watch for edits or export all records.

      In North Carolina, if you (or your spouse), has property that you feel you are entitled to as part of your divorce, you must file a claim for equitable distribution in the courts. (You can also negotiate this as part of your separation agreement – something I highly recommend to . SECTION Spousal equity and ownership rights. During the marriage a spouse shall acquire, based upon the factors set out in Section , a vested special equity and ownership right in the marital property as defined in Section , which equity and ownership right are subject to apportionment between the spouses by the family courts of this State at the time marital.


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Principles of valuation in North Carolina equitable distribution actions by Clarence E. Horton Download PDF EPUB FB2

Get this from a library. Principles of valuation in North Carolina equitable distribution actions. [Clarence E Horton]. noting that one purpose of North Carolina’s Equitable Distribution Act was to “alleviate the unfairness” of the Principles of valuation in North Carolina equitable distribution actions book theory rule).] B.

Social Policy Considerations 1. “Equitable distribution reflects the idea that marriage is a partnership enterprise to which both spouses make vital contributions and which entitles the homemaker spouse File Size: KB.

VALUATION METHODOLOGIES in NORTH CAROLINA DISTRIBUTION ACTIONS By Clarence E. Horton Jr. Introduction InSenate Bill 24 (S.L.Ch. ) added North Carolina to the ranks of “equitable distribution” states.

The Act was grounded in concepts that recognized marriage as an economic partnership, valued both the nonmonetary and monetary. A recent North Carolina Court of Appeals case, Washburn v. Washburn, adds a layer of complexity and the potential for malpractice to the already complicated area of property division under North Carolina’s Equitable Distribution Act.

Washburn, an unpublished decision, makes clear that attorneys representing clients in contested equitable distribution cases involving pensions, survivor. Principles of Valuation in North Carolina Equitable Distribution Actions, Special Series No.

10, revisedNC IOG, Clarence E. Horton, Jr. North Carolina Trial Practice Forms by William L. Thorp, published by The Harrison Company, Crossing Park, P.O. BoxNorcross, Georgia The North Carolina statute has many complex provisions that may affect how a court will determine distribution if you decide to file an equitable distribution claim.

A North Carolina attorney experienced in family law will be able to help you assess whether proceeding with an equitable distribution claim is the right choice for you.

North Carolina Equitable Distribution Laws at a Glance There's no question that it's important to read the actual text of a statute when conducting legal research. But it can also be beneficial to read a summary of the statute in plain English to supplement your understanding of what a law says.

It is possible for parties to decide equitable distribution for themselves based upon the agreement. This is often the route taken in North Carolina. North Carolina General Statute § outlines the basic requirements for a separation agreement between parties.

Generally divorcing couples prefer separation agreements to determine the. For individuals getting a divorce, equitable distribution can be one of the most complicated causes of action. In North Carolina, at least one of the spouses must file for equitable distribution with the court before the divorce is final in order to protect their right to a.

What is the valuation of property. The court is required to fix the net value of the marital property as of the date of separation, with net value being market value, if any, less the amount of any encumbrances.

The net value is thus the value that a court would be dividing between spouses. Equitable Distribution: What You Need to Know. The rights to equitable distribution (“ED”) of marital property vest at the time of the parties’ separation.

The rights to ED are not, however, automatic, but must be specifically asserted by one or both of the parties. In North Carolina, the process of dividing up your property is known as Equitable Distribution. North Carolina General Statute § governs this process. There are two requirements for filing an equitable distribution claim: 1) you must be married to the person you are filing the claim against; and, 2) you must be separated from your.

This method is called the Multiple Valuation and is based on the comparison of similar companies to determine the fair valuation of a company. Each company should have a price (a value) that is close to other comparable companies based on the most common parameters like earnings, revenues or book value.

Having reviewed these methods and the methods presently utilized by some of our district court judges, see Clarence E. Horton, Jr., Principles of Valuation in North Carolina Equitable Distribution Actions, Institute of Government, Special Series No.

10 (April Rev.), and believing that consistency in valuation methods is important, we adopt Author: Court of Appeals of North Carolina. The answers to the 10 most frequently asked questions about Equitable Distribution in NC. Learn what Equitable Distribution means, how a Judge determines your assets and debts to divide, the impact that alimony and child support have on the division of property, and what might be your separate property in a divorce.

In North Carolina, equitable distribution doesn’t always mean that assets will be divided equally between the spouses. In fact, the term equitable is used to mean fair instead of equal. While equal is presumed to be equitable, either party can argue to the court about being entitled to more than 50% of the property.

On October 1,North Carolina became the fortieth common-law state to adopt a system for equitable distribution of property upon divorce.' The rapid growth of equitable distribution systems is largely reflective of the concept of marriage as a partnership, a shared enterprise to which bothAuthor: Sally Burnett Sharp.

Equitable Distribution in North Carolina. The concept of “equitable distribution” governs divorce in North Carolina when it comes to dividing marital property and debt. Equitable means fair, not necessarily equal. However, there is a strong presumption under North Carolina law.

In North Carolina, this division of property is called “equitable distribution.” Equitable distribution may be agreed upon between the parties or determined by a trial court. An agreement between the parties typically is formalized in a “consent order’ signed by a judge or in a private contract referred to as a “Separation Agreement.

Immediately following the definition of marital property in G.S. (b)(1), the statute states “[i]t is presumed that all property acquired after the date of marriage and before the date of separation is marital property except property which is separate property under subdivision (2) of this subsection.” This presumption probably is the most important core principle [ ].

The steps involved in the equitable distribution of property include: Determination of what property will be part of the distribution; Valuation of the property that is part of the distribution; Actual distribution of the property.

In North Carolina, the equitable distribution laws can be complex and should be navigated by an on: 1 Oak Plaza #, Asheville,NC.Having reviewed these methods and the methods presently utilized by some of our district court judges, see Clarence E.

Horton, Jr., Principles of Valuation in North Carolina Equitable Distribution Actions, Institute of Government, Special Series No. 10 (April Rev.), and believing that consistency in valuation methods is important, we adopt.In North Carolina, the legal process of dividing up and distributing the spouses’ property when a marriage ends is called Equitable Distribution.

The presumption in Equitable Distribution is that marital property will be split equally; the “equitable” part refers to the fact that a .