GHMA | LAW brand logo

828-258-3368

FAMILY LAW & DIVORCE SERVICES


LEARN ABOUT OUR LAWYERS


TELL US WHAT YOU NEED

I Need Help With:

OTHER LINKS

828-258-3368

GHMA | LAW brand logo

Property Settlement

Image of a single toothbrush on a white field depicting the idea of separate personal property.

How Separate Property Can Become Marital Property

February 9, 2017

Transmutation is a term used in family law to describe property that has been transformed from a party’s separate property into marital property.In the context of equitable distribution, the term “separate property” refers to property that is owned by one spouse individually.

Read This Article >>
Image of a toy, possibly a model, of a bright red antique truck filled with colorful tools depicting the idea of property belonging to a family that might be titled by a business or third party

What Happens When a Marital Asset Is Titled in the Name of a Business or Third Party?

February 9, 2017

In North Carolina, property that is owned at the date of separation by either spouse, individually or jointly, is presumed to be marital property. But, what happens when a business or third-party holds title to an asset that is claimed to be a marital asset? What if a spouse titles an asset acquired with marital funds in the name of a business or transfers title to a marital asset to a third-party, such as a child or parent, in an attempt to hide or divert the asset from the marital estate to deprive the other spouse of his/her share or interest?

Read This Article >>
Image of man standing on a blue background with his hand over his forehead as if ashamed of the mistake he has made.

Costly Divorce Mistakes: What You Don’t Know Can Hurt You.

June 14, 2016

In an effort to save money during divorce, many couples turn to self-help legal forms and generic advice found on the Internet rather than hiring a family law attorney. When parties attempt to represent themselves in the divorce process and forgo the benefit of legal counsel, they place themselves at risk of adverse legal and financial consequences that could end up costing them more than if they had hired an attorney. Before you elect to…

Read This Article >>
Image of a woman with her hands held together in front of her holding a small white package with a red bow.

Gifts during Marriage – When a Gift Is Not a Gift

May 25, 2016

Separate property is considered property (either an asset or debt) that belongs to one spouse individually. Separate property is not subject to equitable distribution and its value is not included in the marital estate. Separate property includes: property that was owned by a spouse prior to marriage; property acquired in exchange for separate property; and property that was received by gift or inheritance. It is well established that gifts to a spouse from a third-party…

Read This Article >>
Image of sliced brown bread with stalks of wheat referencing the idea of a "breadwinner".

Does It Matter in a Divorce If One Spouse Was the “Breadwinner” During Marriage?

March 31, 2016

A common refrain that attorneys hear during the divorce process is: “I earned all the money during the marriage, so why should I have to give my ex half of everything I own?” Employment income that is earned during the marriage and before the date of separation is considered marital income, regardless of which spouse earned it. North Carolina equitable distribution laws are based upon the concept that marriage is a partnership in which both…

Read This Article >>