Equitable Distribution Inventory Affidavit

Equitable Distribution Inventory Affidavit STATE OF NORTH CAROLINA Montgomery County Moore County Randolph County File No. In The General Court of Justice District Court Division Family Court Plaintiff: VERSUS Defendant: EQUITABLE DISTRIBUTION INVENTORY AFFIDAVIT Purpose: The Plaintiff and the Defendant were married, and they accumulated some property. Now, someone has asked the Judge to fairly, or equitably, divide this property. The purpose of this Equitable Distribution Inventory Affidavit is to give the Judge the information needed to equitably divide the property. The Judge will need to know this information because at the trial the Judge must determine the fair market value (value) of each item of property and whether each item of property is Marital or Separate (classification). The Judge must then decide who gets each item of property (distribution). Therefore, you must carefully list each item of property which either of you owned or had any interest in as of the day of separation, no matter in whose name the property was titled, and no matter who had possession of the property. List everything, and if you believe that the property is not Marital, list that item as "Separate." Meanings: As used in these schedules, the following abbreviations have the following meanings: (1) DOM means the "date of marriage of the parties," which the Plaintiff contends to be ______________, and which the defendant contends to be _________________. (2) DOS means the "date of separation of the parties," which the Plaintiff contends to be _____________, and which the Defendant contends to be _________________________. (3) FMV means the "fair market value." (4) LIEN means a "lien on property." Whether created by a mortgage, deed of trust, security agreement or otherwise. (5) PROPERTY means anything that you can own (not just land and house, but also other things like bank accounts and retirement accounts; anything you can own.) (6) SEPARATE PROPERTY means property that either of you received either before the marriage or after the DOS, or that either of you received during the marriage by gift or inheritance. (7) MARITAL PROPERTY means property that is not Separate Property, not matter whose name it is in, that either of you received between the date of your marriage and the DOS. Family Court Form 12/1/11 American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE I REAL PROPERTY AND MOBILE HOMES This includes land, houses, anything permanently attached to land, and mobile homes. Include a description of the property sufficient that the Court can identify it. Value Husband Contends the DOS FMV Wife Contends the DOS FMV Agreed on or Court Finding FMV Classification Husband Contends Marital or Separate (M or S) Wife Contends Marital or Separate (M or S) Agreed on or Court Finding (M or S) Husband Contends who has it? (H or W) Possession Wife Contends who has it? (H or W) Agreed on or Court Finding who has it? (H or W) Distribution Husband Contends who gets it? (H or W) Wife Contends who gets it? (H or W) Agreed on or Court Finding who gets it? (H or W) Property 1. 2. 3. 4. 5. 6. Schedule II Motor Vehicles Include a description of the property sufficient that the Court can identify it. Value Husband Contends the DOS FMV Wife Contends the DOS FMV Agreed on or Court Finding FMV Classification Husband Contends Marital or Separate (M or S) Wife Contends Marital or Separate (M or S) Agreed on or Court Finding (M or S) Husband Contends who has it? (H or W) Possession Wife Contends who has it? (H or W) Agreed on or Court Finding who has it? (H or W) Distribution Husband Contends who gets it? (H or W) Wife Contends who gets it? (H or W) Agreed on or Court Finding who gets it? (H or W) Property 7. 8. 9. 10. 11. 12. Family Court Form 12/1/11 American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE III HOUSEHOLD FUNISHINGS/COLLECTIBLES Include a description of the property sufficient that the Court can identify it. Value Husband Contends the DOS FMV Wife Contends the DOS FMV Agreed on or Court Finding FMV Classification Husband Contends Marital or Separate (M or S) Wife Contends Marital or Separate (M or S) Agreed on or Court Finding (M or S) Husband Contends who has it? (H or W) Possession Wife Contends who has it? (H or W) Agreed on or Court Finding who has it? (H or W) Distribution Husband Contends who gets it? (H or W) Wife Contends who gets it? (H or W) Agreed on or Court Finding who gets it? (H or W) Property 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Family Court Form 12/1/11 American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE IV MISCELLANEOUS PERSONAL PROPERTY (Tools, Guns, Lawn Equipment, Jewelry, Animals) Include a description of the property sufficient that the Court can identify it. Value Husband Contends the DOS FMV Wife Contends the DOS FMV Agreed on or Court Finding FMV Classification Husband Contends Marital or Separate (M or S) Wife Contends Marital or Separate (M or S) Agreed on or Court Finding (M or S) Husband Contends who has it? (H or W) Possession Wife Contends who has it? (H or W) Agreed on or Court Finding who has it? (H or W) Distribution Husband Contends who gets it? (H or W) Wife Contends who gets it? (H or W) Agreed on or Court Finding who gets it? (H or W) Property 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. Family Court Form 12/1/11 American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE V ACCOUNTS (Checking, Savings, CD's) Include a description of the property sufficient that the Court can identify it. Value Husband Contends the DOS FMV Wife Contends the DOS FMV Agreed on or Court Finding FMV Classification Husband Contends Marital or Separate (M or S) Wife Contends Marital or Separate (M or S) Agreed on or Court Finding (M or S) Husband Contends who has it? (H or W) Possession Wife Contends who has it? (H or W) Agreed on or Court Finding who has it? (H or W) Distribution Husband Contends who gets it? (H or W) Wife Contends who gets it? (H or W) Agreed on or Court Finding who gets it? (H or W) Property 54. 55. 56. 57. 58. 59. 60. SCHEDULE VI BUSINESSES, STOCKS, SECURITIES AND INTANGIBLE ASSETS Include a description of the property sufficient that the Court can identify it. Value Husband Contends the DOS FMV Wife Contends the DOS FMV Agreed on or Court Finding FMV Classification Husband Contends Marital or Separate (M or S) Wife Contends Marital or Separate (M or S) Agreed on or Court Finding (M or S