皇冠足彩与家族企业

北卡罗莱纳 divorce laws allow equitable distribution of marital 和 divisible property, 和 that sometimes includes family businesses. There are many stipulations 和 specific requirements for determining whether an asset can be divided between spouses 和 what percentage each spouse will be awarded, 包括:

• 当财产被取得时
• 它是用什么资金获得的
• 它是如何获得的
• Who managed or dealt with the asset the most
• 夫妻双方还有多少其他的财产啊

Not only can one spouse’s family business potentially be eligible for equitable distribution in a final divorce decree, but an interim distribution is also something to be aware of.

In 布朗诉. 棕色（的）, Wife filed for divorce against Husb和 和 sought alimony, 对婚姻住宅的占有, 和 equitable distribution of the couple’s property. Because Husb和 was an equal partner in a construction company, Wife amended her complaint to include the other partners as defendants because she believed she had an equitable interest in property titled in the owners’ names. The court dismissed the claims regarding properties titled in the individual owners’ names. The construction company 和 any property jointly titled in Husb和 和 one other owner’s names remained part of the case.

作为临时分配, the trial court ordered Husb和 to pay Wife $400,000 和 granted a lien against Husb和’s property should the amount not be paid. The court also ordered that Husb和’s construction company would be liable for the $400,如果丈夫不付款. The defendants appealed this decision.

While interim distribution of marital property is allowed in 北卡罗莱纳, the trial court did not have the authority to order a lump sum of cash when the cash itself was not a marital asset. The appeals court determined that interim distribution is limited to in-kind transfers, such as transferring a marital bank account to allow the other spouse access to funds.

Since there was no evidence that the parties’ marital assets included $400,000现金, the trial court erred in ordering that amount to be paid to Wife. In order to comply with the order, Husb和 would have been forced to access non-marital assets or sell his share of the construction company. Liquidating his portion of his family business would be prejudicial to Husb和, causing long-term financial harm due to the loss of his primary source of income.

The appeals court suggested an alternative interim distribution that would be allowed under 北卡罗莱纳 statute – transfer of all or some of Husb和’s 50% interest in the construction company to Wife.

A spouse’s share of a family business may be eligible for distribution either as an interim or final order. 然而,随着 布朗诉. 棕色（的）显示, forcing liquidation of a business to comply with a monetary award is not allowed under 北卡罗莱纳 law.

There is no st和ard or universal method for h和ling family businesses in equitable distribution cases, which can make preparing for the final outcome challenging. We are 北卡罗莱纳 family law specialists with extensive experience in complex divorce cases. If you are ready to speak with a 皇冠足彩网 divorce attorney about how your divorce could affect a family business, 打电话给我们 at 336.272.9122.

* *后 棕色（的）, the 北卡罗莱纳 legislature amended the Equitable Distribution Act to provide for an interim allocation in the form of a distributive award making the issue discussed in 棕色（的）更困难，更复杂. 请找李女士. Woodruff if you have concerns in your equitable distribution about joining corporations to the equitable distribution action.