North Carolina > Local County > Johnston (District 11B)
Instructions For Completion Of Equitable Distribution Inventory Affidavit Form B.2 - North Carolina
| Instructions For Completion Of Equitable Distribution Inventory Affidavit Form. This is a North Carolina form and can be used in Johnston (District 11B) Local County . |
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INSTRUCTIONS FOR COMPLETION OF EQUITABLE DISTRIBUTION INVENTORY AFFIDAVIT 1. Definitions. The following terms shall have the following meaning for purposes of these instructions: A. Clerk means the Clerk of the Superior Court of the county in which the claim for equitable distribution has been filed. B. Date of separation means the date that you and your spouse actually began living separate and apart from each other. C. Divisible property shall have the meaning ascribed in NCGS 50-20(b)(4). D. Initiating party means the spouse who first filed a claim for equitable distribution. E. Marital debt means a debt incurred during the marriage and prior to the date of separation for the joint benefit of you and your spouse. F. Marital property shall have the meaning ascribed in NCGS 50-20 (b)(1). G. Responding party means the spouse against whom the first claim for equitable distribution was filed. H. Separate debt means a debt incurred before marriage or a debt incurred during the marriage and prior to the date of separation for the benefit of one spou se only. I. Separate property shall have the meaning ascribed in NCGS 50-20(b)(2). 2. Cover page. You must fill in all the blanks on the cover page and sign said page before a notary public after you have completed all the lists. 3. Lists. The lists must be completed in accordance with these instructions: A. The lists should be completed and attached to the cover page in the foll owing order (i) list of marital property, (ii) list of divisible property, (iii) list of plaintiffs separate property, (iv) list of defendants separate property, (v) list of marital d ebts, (vi) list of plaintiffs separate debts, and (vii) list of defendants separate debts. B. You must list each item of property or debt on the appropriate list, e.g. all items of marital property would be listed on the marital property list. ED Form B.2, Page 1, District 11, Effective 5/1/02 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 C. Each item of property or debt must be sequentially numbered, e.g. the fi rst item of marital property listed on the list of marital property would be item number 1 and the last item of debt listed would be 248 if, for example, there were 248 it ems of property and debt. D. If you are the responding party, you must use the same number assigned t o an item of property or debt by the initiating party. If you want to list additional items of prope rty or debt, you should sequentially number each such item and place said it em on the appropriate list, e.g. if the initiating party listed 125 items of marit al property and 249 total items and you wished to list 5 additional items of marital property, you would list those items on your list of marital property and number them sequentiall y starting with 250 and ending with 254. If you contend that an item of property or debt did not exist on the date of separation or dispute its classification, you must set fo rth your contentions on the appropriate list using the number assigned to the ite m by the initiating party. 4. Filing requirement. After you have completed your affidavit and signed it before a notary public, you must file it with the clerk. 5. Service requirement. After you have completed your affidavit and signed it before a notary public, you must mail a copy of your affidavit to the opposing pa rty or, if he or she is represented by an attorney, to his or her attorney, by first-class mail. 6. Deadlines. If you are the initiating party, you must file your completed affida vit and serve a copy thereof on the opposing party or his or her counsel within sixty (60) days after you file your claim for equitable distribution. If you are the responding party, you must file your completed affidavit and serve a copy thereof on the opposing party or hi s or her counsel within thirty (30) days after you receive the initiating partys affidavit. 7. Sanctions. Failure to comply with these instructions may result in sanctions being imposed against you so it is imperative that you understand these instru ctions or retain competent counsel to assist you. ED Form B.2, Page 1, District 11, Effective 5/1/02 American LegalNet, Inc. www.USCourtForms.com
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