Typically, this is generally any appreciation or diminution in value of property that is a result of the efforts of a party or passive appreciation or diminution which should be counted for the spouse petitioning for it. This appreciation or diminution in value occurs after the date of separation but prior to the date of distribution. An example of this kind of property can include interest or dividends on certain property.

This property means all real and personal property acquired by the spouse before the marriage or acquired by a spouse by devise, descent, or gift during the course of the marriage (NCGS 50-20(2)). The only thing to remember here is, that it is only going to be considered separate property if that was the intent at the time of the conveyance.

If you would like to assert that an equal division of the aforementioned property is inequitable, then there are 12 factors that the court will look to in order to make this determination. Some of the factors include, but are not limited to, income and liabilities of each party at the time the division of the property becomes effective, duration of the marriage, age, and the physical and mental health of both parties, and any direct or indirect contribution made by one spouse to help educate or develop the career potential of the other spouse. A full list of the factors the court looks to can be found in North Carolina General Statute §50-20(c).

Because these cases can get complicated very quickly it is always best to involve a family law attorney from the start so as to make sure all of your interests and your rights are protected throughout the duration of this case.