Equitable Distributuion Affidavit {CMR-230}

STATE OF NORTH CAROLINA GUILFORD COUNTY In The General Court of Justice District Court Division File Number: EQUITABLE DISTRIBUTION INVENTORY AFFIDAVIT OF Plaintiff Defendant Plaintiff v. Defendant Purpose: The Plaintiff and Defendant were married and 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 (FMV) of each item of property and whether each item of property is Marital or Separate. The Judge must then decide who gets each item of property. Therefore, you must carefully list each item of property (or debt owed) 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 has current possession of the property. List everything, and if you believe that the property is not Marital, list that item as "Separate." This Affidavit is not binding on the Affiant as to completeness of unknown marital property, values or distribution. DEFINITIONS: As used in these schedules, the following abbreviations have the following meanings: (1) DOM means the "Date of Marriage of the parties." The Date of Marriage is _________________________. (2) DOS means the "Date of Separation" of the parties, which is the last date you stopped living together in the same residence with the intent of at least one of the parties that the Separation would be permanent. The Date of Separation is _______________________. (3) FMV means "Fair Market Value." (4) LIEN means a "Lien on a 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 bank accounts and retirement accounts) (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 (from someone other than your spouse) or inheritance. (7) MARITAL PROPERY means property that is not Separate Property, no matter whose name it is in, that either of you received between the DOM and the DOS. (8) MIXED PROPERTY means property that is part-marital, part-separate (e.g. car that was purchased prior to DOM, but paid for during marriage). American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE A FINANCIAL ACCOUNTS AND LIFE INSURANCE POLICIES (Checking, Savings, CD's, Money Market, Credit Union Accounts, Stocks, Stock Options, Bonds, Mutual Funds, Securities, Traveler's Checks, Cash on hand, etc. ) For Life Insurance Policies: Use Cash Values of your Life Insurance policies for FMV. Include Policy Number, Face Value and Life Insurance Company, Term or Whole Life Include a description of the property sufficient that the Court can identify it. Attach statements as of DoS & at present, if available. 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) Possession Husband Wife Contends Contends who has it? who has it? (H or W) (H or W) Agreed on or Court Finding who has it? (H or W) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Value Husband Contends the DOS FMV $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ - Distribution Wife Contends the DOS FMV - Item Property Husband Contends who gets it? (H or W) Wife Contends who gets it? (H or W) Agreed on or Court Finding: FMV Distributed to Husband $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ - Agreed on or Court Finding: FMV Distributed to Wife $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ - A1 A2 A3 A4 A5 A6 A7 A8 A9 A10 A11 A12 A13 A14 A15 A16 A17 A18 A19 A20 A21 Subtotal $ American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE B REAL PROPERTY (Land (that you own), Houses (that you own), Rental Property (that you own), Fixtures, Trailers (that you own), Mobile Homes (that you own), Investment Property (that you own) ) Include a description of the property sufficient that the Court can identify it. Attach copies of deeds, UCC statements, appraisals. 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) Possession Husband Wife Contends Contends who has it? who has it? (H or W) (H or W) Agreed on or Court Finding who has it? (H or W) $ $ $ $ $ Value Husband Contends the DOS FMV Wife Contends the DOS FMV Husband Contends who gets it? (H or W) Distribution Wife Contends who gets it? (H or W) Agreed on or Court Finding: FMV Distributed to Husband $ $ $ $ $ - Item Real Property Agreed on or Court Finding: FMV Distributed to Wife $ $ $ $ $ - B1 B2 B3 B4 B5 - $ $ $ $ $ - SCHEDULE B-i DEBTS RELATED TO REAL PROPERTY (List your debts that are secured by a lien on real property. Include the name, address, telephone number, and the account number of the creditor. For each creditor, identify (in the same manner you did in the "property schedules") the real property securing the debt. ) Attach a copy of the documentation you used to determine the amount of the debt. Attach copies of statements of the debts as of DoS and present, if available. 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 been paying? (H or W) Possession Agreed Wife on or Contends Court who has Finding been who has been paying? paying? (H or W) (H or W) $ $ $ $ $ Value Distribution Wife Contends who gets it? (H or W) Agreed on or Court Finding: FMV Distributed to Husband Agreed on or Court Finding: FMV Distributed to Wife Item Debt related to Real Property Husband Contends the DOS FMV Wife Contends the DOS FMV Husband Contends who gets it? (H or W) B-i1 B-i2 B-i3 B-i4 B-i5 - $ $ $ $ $ $ $ $ - $ $ $ $ $ $ $ $ - $ $ $ $ $ $ $ $ - Subtotal Schedule B Subtotal Schedule B-i Subtotal (Sch. B less Sch. B-i) $ $ $ American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE C BUSINESS OR PROFESSIONAL INTERESTS (S-Corps, C-Corps, LLC, LLP, Sch. C, 1040, Partnerships, Sole Proprietorship ) Include Name of Business or Professional Interest and the Nature of your Ownership Interest/Percentage of Ownership Include a description of the property sufficient that the Court can identify it. Attach Schedule C or K-1's, o