Final Pre Trial Order Equitable Distribution {11}

Form 11 (Rev. 1/06) NORTH CAROLINA 14th JUDICIAL DISTRICT DURHAM COUNTY IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION ________-CVD-__________ ___________________________________, Plaintiff -V___________________________________, Defendant FINAL PRE-TRIAL ORDER EQUITABLE DISTRIBUTION PURSUANT TO RULE 16 of the North Carolina Rules of Civil Procedure, a pre-trial conference was held before the Honorable ________________ in the above-entitled action on the ____ day of ________, 20___. The parties, by their signatures or through their attorneys, have agreed to the entry of a final pre-trial order as set forth below: 1. It is stipulated that all parties are properly before the Court and the Court has jurisdiction over the parties and over the subject matter. 2. It is stipulated and agreed that the Court shall enter a final equitable distribution order in civil action number: ____-CVD-____________. 3. It is stipulated that each party by signing this pre-trial order warrants that he or she has disclosed the existence of all property, both separate and marital, at the date of separation and all property purchased after the date of separation, regardless of to whom such property may be titled or in whom actual ownership may be designated. Said disclosure has been full and honest and is free from taint of fraud. 4. It is stipulated that the parties were married on _________________________. 5. It is stipulated that the parties separated on or about _________________________. 6. It is stipulated that the parties exchanged witness and exhibit lists on _________________________. 7. It is stipulated that the parties are agreeing: A. To an equal division of assets and debts subject to equitable distribution; B. That both parties are seeking an unequal division of assets subject to equitable distribution; C. That one party is seeking an equal distribution while the other party seeks an unequal division; The date of valuation of civil action _____________________ is _________________________. It is stipulated that all depositions of the parties and witnesses have been completed, or it is stipulated that the following depositions have been scheduled _________________________. 10. It is stipulated that both parties have filed final ED Affidavits on ________________ including all contentions regarding specific factors they are claiming for an unequal distribution as set out in North Carolina General Statutes §50-20(c)(1) through (12). 11. The parties further stipulate to the facts set forth in the attached schedules: A. Exhibit A is a list of marital property upon which there is agreement as to classification, valuation and distribution. B. Exhibit B is a list of marital property upon which there is disagreement as to classification and valuation but agreement as to distribution. C. Exhibit C is a list of marital property upon which there is agreement as to classification and valuation, but disagreement as to distribution. D. Exhibit D is a list of marital property that the parties agree on classification and distribution but they disagree on valuation. E. Exhibit E is a list of marital property of which there is agreement as to classification but disagreement as to valuation and distribution. 8. 9. Page 1 of 7 American LegalNet, Inc. www.USCourtForms.com Form 11 (Rev. 1/06) F. Exhibit F is a list of assets upon which there is agreement as to valuation, however there is disagreement as to classification and distribution. F. Exhibit G is a list of assets upon which there is agreement as to distribution and valuation, however, there is disagreement as to the classification. G. Exhibit H is a list of property that the parties disagree on distribution, classification, and valuation. H. Exhibit I is a list of marital debt upon which the parties agree on classification, valuation, and distribution. I. J. Exhibit J is a list of debt upon which the parties agree upon classification and distribution but do not agree on valuation. Exhibit K is a list of debt upon which the parties agree upon distribution but do not agree upon valuation or classification. K. Exhibit L is a list of payments made by the parties after the date of separation on marital assets. L. Exhibit M is a list of property that the parties agree belongs to a third party. M. Exhibit N is a list of the parties' separate property, which the parties agree on classification and distribution but disagree on valuation. 12. Plaintiff and defendant may add any additional exhibits, witnesses, or contentions needed to state any other issues to be decided by the Court as long as such exhibits and contentions are not inconsistent with the provisions of this pre-trial order and are provided to the opposing party with advanced notice. 13. The final trial in this matter shall be set for ________________, 200__ at ________A.M./P.M. in Courtroom # _____ on the third (3rd) floor of the Durham County Judicial Building Annex. _______________________________________ Attorney for Plaintiff Date _______________________________________ Attorney for Defendant Date APPROVED AND ORDERED, THIS _____ day of _________________, 20____ _________________________________ District Court Judge Presiding Page 2 of 7 American LegalNet, Inc. www.USCourtForms.com Form 11 (Rev. 1/06) EXHIBIT A ITEM e.g., marital residence 123 Oak Street (FMV-Mortgage) CLASSIFICATION VALUATION DISTRIBUTION Agreed MARITAL H W SEPARATE H W Agreed HUSBAND WIFE Agreed HUSBAND WIFE X X 125,000 125,000 X EXHIBIT B ITEM e.g., china CLASSIFICATION VALUATION DISTRIBUTION Disagree MARITAL H W SEPARATE H W Disagree HUSBAND WIFE Agreed HUSBAND WIFE X X 2,000 600 X EXHIBIT C ITEM e.g., lawn mower CLASSIFICATION VALUATION DISTRIBUTION Agree MARITAL H W SEPARATE H W Agree HUSBAND WIFE Disagree HUSBAND WIFE X X 50.00 50.00 X X Page 3 of 7 American LegalNet, Inc. www.USCourtForms.com Form 11 (Rev. 1/06) EXHIBIT D ITEM e.g., 1984 Ford truck, titled in Husband's name CLASSIFICATION VALUATION DISTRIBUTION Agree MARITAL H W SEPARATE H W Disagree HUSBAND WIFE Agree HUSBAND WIFE X X 1,000 1,200 X EXHIBIT E ITEM e.g., blue sofa CLASSIFICATION VALUATION DISTRIBUTION Agree MARITAL H W SEPARATE H W Disagree HUSBAND WIFE Disagree HUSBAND WIFE X X 25.00 50.00 X X EXHIBIT F ITEM e.g., diamond ring CLASSIFICATION VALUATION DISTRIBUTION Disagree MARITAL H W SEPARATE H W HUSBAN D Agree WIFE Disagree HUSBAND WIFE X X 500 500 X X Page 4 of 7 American LegalNet, Inc. www.USCourtForms.com Form 11 (Rev. 1/06) EXHIBIT G ITEM