Your Property Division Attorney

Krispen Culbertson, Greensboro property division lawyer, practicing in Guilford County District Court for 20+ years. Focus on equitable distribution, home and real estate splits, retirement/QDRO coordination, stock awards and RSUs, small business valuation, and distributive awards for marital waste.

Memberships: North Carolina State Bar; local family law section. Courts: Greensboro and High Point District Court calendars.

Fast answers

Helpful links: Greensboro Divorce Lawyer • Greensboro Alimony Lawyer • Greensboro Child Support Lawyer • Greensboro Child Custody Lawyer • Greensboro Modification and Enforcement • Greensboro Appeals and Post-Judgment • Greensboro Family Lawyer

What we handle in Greensboro

• Equitable Distribution claims from filing to final order
• Homes and real estate: appraisals, buyouts, sale language, and refinance timing
• Retirement division: 401(k), 403(b), pensions, and governmental plans with QDROs
• Stock options, RSUs, and bonuses: clear formulas and tax handling
• Small business and professional practices: workable valuation and buyout terms
• Bank, brokerage, crypto, and cash accounts
• Vehicles, personal property, and collections
• Debt allocation: mortgages, HELOCs, cards, taxes, and personal loans
• Interim distribution and asset restraints where needed
• Marital waste findings and distributive awards
• Settlement drafting and consent orders the clerk can enter

The North Carolina framework in plain terms

Property division in North Carolina follows Equitable Distribution under state law.

Classification
Every asset and debt is labeled marital, separate, or divisible. Marital generally covers what was acquired from the wedding date to the date of separation. Separate is what you owned before marriage or received by gift or inheritance to one spouse. Divisible can capture certain post-separation changes tied to marital efforts or values.

Valuation
Courts look for reliable numbers. For homes that can be an appraisal or a market analysis. For accounts, statements near the date of separation and current. For a business, tax returns, P&Ls, and a short set of normalizing adjustments.

Distribution
Once items are classified and valued, the judge aims for a fair split using the statutory factors. Cash offsets and distributive awards help balance uneven assets such as a house or pension. Property division is a separate track from child support or alimony, but cash flow and tax impact matter when shaping practical terms.

Cross-links: Greensboro Alimony Lawyer • Greensboro Child Support Lawyer

The house and other real estate

• Numbers that matter: current appraisal or CMA, mortgage payoff, HELOC balance, taxes, HOA, insurance.
• Buyout vs sale: if one spouse keeps the home, set a refinance deadline and a clean equity figure with closing-cost rules. If you plan to sell, write who selects the agent, list date, price changes, repair credits, and possession after closing.
• Temporary possession: a short order can set who lives there, who pays, and how to handle repairs until the final split.
• Tax points: mortgage interest deductions, property tax proration, and capital gains when a sale makes sense.

CTA: Call 336-272-4299 or send a message to map a house plan that lenders and closing attorneys can follow.

Retirement division and QDROs

• Plans covered: 401(k), 403(b), governmental plans, and pensions.
• Time slice: define marital contributions and growth before and after the date of separation.
• Form of order: QDRO for ERISA plans or plan-specific orders for government systems.
• Steps for a clean transfer: draft, pre-approve with the plan, enter the order, and submit for processing.
• Survivor and form-of-payment: for pensions, set survivor benefits and a separate-interest or shared-payment approach.
• Taxes: transfers under a proper order can avoid early distribution penalties; payments are still taxable to the recipient per plan rules.

Stock options, RSUs, and bonuses

• Grant vs vest: use a formula that covers the marital portion only, tied to grant date, vest date, and the separation date.
• Unvested awards: define how to handle performance conditions, clawbacks, and employer plan changes.
• Payout timing: set a practical schedule so withholding and taxes are handled correctly, with statements shared when shares vest or units release.

Businesses and professional practices

• What the court expects: tax returns, balance sheets, P&L, payroll summaries, and a short memo on industry norms.
• Normalization: show add-backs for one-time items and owner perks, and identify reasonable compensation.
• Goodwill: distinguish personal goodwill from enterprise goodwill.
• Buyout terms: set payment schedule, interest, and security so dollars arrive on time.
• Cost control: focus the valuation so it is accurate without running up fees.

Cross-link: Greensboro Divorce Lawyer

Debt, taxes, and cash flow

• Debt allocation: mortgages, HELOCs, credit cards, medical bills, taxes, and personal loans are divided with assets.
• Enforcement: if one spouse keeps a debt, add hold-harmless and indemnity language and a refinance deadline where possible.
• Taxes: address basis for sales, retirement transfers, stock withholding, and estimated taxes.
• Temporary cash flow: a short order can cover minimum payments and essential bills until the final split.

Interims, restraints, and marital waste

• Interim distribution: move cash or specific items now so life can keep going while the case is pending.
• Asset restraints: simple language can stop transfers, cash-outs, or loans against retirement.
• Marital waste: if one spouse spent down assets for a non-marital purpose, the court can fix it with findings and a distributive award or by shifting other assets.

Settlement, mediation, and trial

• Document exchange: early statements and appraisals drive faster deals.
• Mediation checklist: target values, division percentages, refinance terms, sale rules, and QDRO steps.
• Consent orders: when both sides agree, draft terms the clerk can enter without repeat hearings.
• Trial plan: if you need findings, present tight exhibits on classification, value, and a fair split.
• Orders that work: write directions banks, payroll, and plan administrators can follow on day one.

Your first 72 hours with our team

CTA: Call 336-272-4299 or book a confidential consult.

Local courts and calendars

Most property division cases in this area are heard in Guilford County District Court with courtrooms in Greensboro and High Point. Calendars fill quickly. Many cases resolve by consent once appraisals and statements are on the table. When a hearing is required, we present classification, values, and a clear path to a fair split.

Evidence checklist

• Deed, mortgage, HELOC statements, tax and insurance
• Appraisal or recent market analysis
• Retirement statements and plan rules for QDROs
• Brokerage, bank, and crypto statements near the date of separation and current
• Stock plan grant documents and vest schedules
• Vehicle titles and loan statements
• Business tax returns, P&L, balance sheet, payroll summaries
• Credit card, medical, and tax debt statements
• Proof tied to marital waste claims
• Any prior orders or agreements

FAQs

Why Greensboro clients choose Culbertson & Associates

• 20+ years focused on North Carolina property division
• Regular calendars in Guilford County District Court
• Appraiser and QDRO coordinator relationships for smooth processing
• Property spreadsheets that match statements and closing docs
• Settlement first when it saves time and money, trial when required
• Clear fees and timelines

Ready to talk. Call 336-272-4299 or contact us.