North Carolina equitable distribution law presumes that a 50/50 split of marital property is the most fair division.

Marital property is property that is acquired by one or both spouses during the duration of the marriage through the date of separation. It does not include inheritance or gifts given to only one spouse even if it was received during the time of the marriage.

Property division can and often is decided by the parties instead of a judge. While the judge will presume a 50/50 split is most fair he can consider other factors in deciding the property split including the need for the minor children to stay in the family home and the earning potential of the parties.