North Carolina Lawyers Weekly

Nov 22, 2024

Court of Appeals tweaks equitable distribution judgment

A trial court erred when it classified a husband’s business as a marital asset and failed to credit the wife for her mortgage and tax payments as part of an […]

Dec 3, 2021

Loans for grown child are marital debt

The North Carolina Court of Appeals has unanimously ruled in a case of first impression that both parents are on the hook for student loans taken out for an adult child […]

Jan 22, 2016

Domestic Relations – Equitable Distribution – Marital Debt – Judge’s Refusal – Settlement Opportunity – Attorney’s Fees

Eason v. Taylor (Lawyers Weekly No. 011-025-16, 13 pp.) (Donna Stroud, J.) Appealed from Mecklenburg County District Court (Karen Eady-Williams, J.) N.C. App. Holding: Even though the parties’ marital estate […]

Jun 25, 2015

Married to student loan debt

The word ‘crisis’ has become ubiquitous in news stories about unpaid student loans, which now total an estimated $1.2 trillion. But the North Carolina Court of Appeals has introduced a new term into the student loan lexicon: marital debt.

Jun 17, 2015

Domestic Relations — Equitable Distribution – Marital Debt – Student Loans – Joint Benefit

Warren v. Warren (Lawyers Weekly No. 15-07-0608, 9 pp.) (Ann Marie Calabria, J.) Appealed from Catawba County District Court (Amy Sigmon Walker, J.) N.C. App. Holding: Since the plaintiff-wife showed […]

Feb 5, 2014

Domestic Relations – Equitable Distribution – Divisible Property – Marital Debt Payments – Marital Resources

Shope v. Pennington (Lawyers Weekly No. 14-07-0051, 11 pp.) (Robert C. Hunter, J.) Appealed from Lee County District Court (Jacquelyn L. Lee, J.) N.C. App. Holding: It appears that, after […]

Jan 16, 2014

Domestic Relations – Equitable Distribution – Divisible Property – Marital Debt Payments – Marital Resources

Shope v. Pennington (Lawyers Weekly No. 14-16-0041, 11 pp.) (Robert C. Hunter, J.) Appealed from Lee County District Court (Jacquelyn L. Lee, J.) N.C. App. Unpub. Holding: It appears that, […]

Aug 15, 2013

Domestic Relations – Equitable Distribution – Military Pension – Marital Assets – Valuation & Distribution – Debt Payments & Repairs

Washburn v. Washburn Since the defendant-wife failed to provide the trial court with any evidence of value of the plaintiff-husband’s military pension on the date of separation, upon remand, the husband’s military pension must be removed and excluded from the equitable distribution scheme.

Sep 11, 2012

Domestic Relations – Equitable Distribution – Marital Debt – Credibility – Alimony – Amount & Duration

Ritchie v. Ritchie Even though the defendant-husband presented evidence that he made $94,929 in post-separation payments towards marital debts, it was within the trial court’s province to believe or disbelieve the husband’s evidence.