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North Carolina Property Division & Equitable Distribution Lawyer

Protect your share—and your future. We help clients across North Carolina classify, value, and distribute marital property under Equitable Distribution (G.S. 50-20), including homes, retirement, businesses, stock awards, and debts, with orders payroll, banks, and plan administrators can follow.

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Your North Carolina Equitable Distribution Lawyer

Krispen Culbertson, North Carolina property division attorney, practicing for 20+ years in District Courts statewide (Guilford, Forsyth, Randolph, Alamance, and beyond). Focus on classification, valuation (homes, retirement, stock, closely held businesses), distribution, and clean orders (QDROs) that institutions can process.

Memberships: North Carolina State Bar; local family law sections. Courts: District Court calendars statewide with hearings in Greensboro and High Point regularly.

Fast answers

Equitable Distribution (G.S. 50-20) handles division of marital assets and debts after separation.

Key dates: date of marriage, date of separation, and valuation dates drive classification and numbers.

Retirement typically needs a QDRO or similar order—each plan has its own rules and sample language.

Businesses & stock are valued with reasonable documentation—no unnecessary expert burn.

Classify: marital, separate, and divisible

We separate assets and debts into marital (generally acquired between marriage and separation), separate (pre-marriage, gift, inheritance), and divisible (changes after separation tied to marital efforts). Clear classification protects what’s yours and avoids double counting.

Value: homes, retirement, businesses, stock

We assemble a lean valuation file: real-estate appraisals, plan statements for retirement (401(k), pension, TSP, IRA), brokerage and RSU/stock option summaries, and business financials. For closely held companies, we right-size the approach so the numbers are credible without needless expense.

Distribute: QDROs and practical orders

Judges aim for a fair split. We propose percentage allocations, cash offsets, and QDROs or similar orders that administrators will accept. Your order must be specific enough for payroll, banks, and retirement plans to follow without confusion.

Tracing & passive growth

If you brought separate property into the marriage, we trace it with statements and show passive increases. If marital money or efforts increased value (active appreciation), we address that as well.

Debts, mortgages, and tax effects

We map mortgages, credit lines, credit-card balances, tax liabilities, and capital-gains exposure when dividing property. The goal is a structure that is fair on paper and workable in real life.

Interim distribution & protections

When needed, courts can enter interim distribution, bill-pay schedules, and limited restraints to prevent asset waste. Early guardrails reduce conflict and preserve value.

Mediation, consent orders, and trial

Most cases resolve in mediation once documents are complete. We draft consent orders the clerk can enter. If trial is needed, we focus on clean exhibits, short witness lists, and orders administrators can implement.

High-net-worth and business-owner cases

We coordinate executive compensation (RSUs, options, bonuses), multi-account investment portfolios, and business interests. The plan balances precision with efficiency.

Related: North Carolina DivorceNorth Carolina AlimonyNorth Carolina Child SupportNorth Carolina Child CustodyUIFSA & UCCJEA

Costs and timelines—what to expect

  • Costs turn on appraisals, retirement complexity, business issues, and whether a trial is needed. We quote clear phases and expected third-party fees at consult.
  • Timelines depend on document collection, appraisals, mediation dates, and court calendars. We keep the case moving with short discovery deadlines and early mediation.

Evidence & documents checklist

  • Real-estate deeds, mortgage statements, tax cards, and any appraisals
  • Retirement plan statements (401(k), pension, TSP, IRA) and plan summaries
  • Brokerage statements and stock/RSU/option grant documents
  • Business financials (P&L, balance sheet, K-1s, tax returns)
  • Bank/credit-card statements covering the last 6–12 months
  • Proof of separate property and passive growth (inheritance/gifts, premarital accounts)

Your first 72 hours with our team

1) Strategy
Confirm separation date, identify issues, and set an interim plan.

2) Document pull
Real estate, retirement, brokerage, banking, and business records.

3) Valuations
Order appraisals and draft a reasonable business valuation plan.

4) Mediation or early orders
Set mediation; seek interim distribution or protections if needed.

5) Clean orders
Draft consent orders/QDRO language administrators will accept.

FAQs

Who keeps the house in a North Carolina equitable distribution?

It depends on value, equity, affordability, and available offsets. Many cases resolve with one spouse keeping the home and a cash or retirement offset that keeps the ledger fair.

How are retirement accounts divided?

Most plans require a QDRO (or similar order). Each plan has unique rules; we draft language administrators will accept the first time.

What if I owned an asset before marriage?

That’s usually separate property. We trace it with statements and show passive growth. If marital money or efforts increased value, we address that too.

How are debts divided?

Marital debts are part of the ledger. We map mortgages, credit lines, cards, and tax liabilities and propose a structure that works in practice.

Do we have to go to trial?

Often no. With complete documents, mediation resolves most cases. If trial is needed, we streamline exhibits and witnesses.

Can an out-of-state retirement be divided here?

Usually yes, with plan-specific orders. For interstate issues, we coordinate UIFSA/UCCJEA where needed.

Why North Carolina families choose Culbertson & Associates

  • 20+ years focused on NC equitable distribution
  • Courts statewide; weekly calendars in Guilford County
  • Clean budgets, spreadsheets, and orders banks & plans will follow
  • Settlement first; focused trial plan if needed

Client testimonials

★★★★★

They untangled years of accounts and got a fair split without dragging me through endless hearings. Precise and calm.

J. Matthews • Greensboro, NC

★★★★★

My 401(k) and pension division were handled perfectly. The plan approved the QDRO on the first submission.

S. Patel • High Point, NC

★★★★★

Our business valuation was efficient and credible. We settled at mediation with orders the bank could follow.

A. Reynolds • Winston-Salem, NC

★★★★★

They traced my premarital home equity and protected it. I finally felt heard and protected.

M. Lopez • Burlington, NC

★★★★★

Straightforward billing, clear timelines, and a fair result. Exactly what I needed.

K. Johnson • Asheboro, NC

★★★★★

Complex stock awards were divided cleanly. HR had zero questions thanks to the detailed order.

D. Nguyen • Greensboro, NC

Visit Our Greensboro Office

Culbertson & Associates
315 Spring Garden St Ste #300, Greensboro, NC 27401
Phone: (336) 272-4299
Hours: Mon–Fri 8:30 AM–5:00 PM

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