Equitable Distribution Inventory Affidavit Of Defendant Or Responding Party And Certificate Of Service {13B}

FORM # 13B NORTH CAROLINA 20A JUDICIAL DISTRICT COUNTY OF _______________ __________________________________ Plaintiff, -vs__________________________________ Defendant. ) ) ) ) ) ) ) ) IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION CASE NUMBER____________ EQUITABLE DISTRIBUTION INVENTORY AFFIDAVIT OF DEFENDANT OR RESPONDING PARTY AND CERTIFICATE OF SERVICE NOW COMES the defendant, or responding party, and itemizes what he/she alleges to be the marital, divisible, and separate property of the parties, as well as the marital debts of the parties, all as set out in the schedules, which are attached. Defendant certifies that he/she has made a full and complete disclosure of all marital and separate property known to him/her. This is to further certify that the undersigned has this day filed the original of this affidavit and all attachments with the Clerk, and has served a copy of this affidavit and all attachments to opposing counsel, or opposing party if unrepresented, by depositing a copy in a postpaid wrapper in a post office or official depository under the exclusive care and custody of the United States Post Office Department, properly addressed as follows: (type or print full name and address) __________________________________ __________________________________ __________________________________ __________________________________ This the ___ day of ________________, _________. ___________________________ Signature of Attorney/Party Typed or printed name, address, and phone _____________________________ _____________________________ _____________________________ ....................... : : Plaintiff(s) : : : Index No. Calendar No. JUDICIAL SUBPOENA Page 1 of 12 American LegalNet, Inc. www.FormsWorkflow.com Family Court Domestic Rules 20A Judicial District (20FCDR) FORM # 13B 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 affidavit is to give the Judge the information he or she will need to equitably divide the property. The Judge will need to know this information because at 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), and the Judge must then decide who gets each item of property (distribution). So, 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, show that the item as "Separate". MEANINGS As used in these schedules, the following abbreviations have the following meanings: DOM means the "date of marriage of the parties", which plaintiff contends to be __________ and which defendant contends to be ___________, and which the Court finds to be ___________. DOS means the "date separation of the parties", which plaintiff contends to be __________ and which defendant contends to be ___________, and which the Court finds to be ___________. FMV means "fair market value". LIEN means "a lien on property", whether created by a mortgage, deed of trust, security agreement, or otherwise. PROPERTY means anything you can own (not just land and house, but also other things like bank accounts and retirement accounts: anything you can own). 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. MARITAL PROPERTY means Property that is not Separate Property, no matter whose name it is in, that either of you received between the date of your marriage and the DOS. Family Court Domestic Rules 20A Judicial District (20FCDR) Page 2 of 12 American LegalNet, Inc. www.FormsWorkflow.com FORM # 13B SCHEDULE I REAL PROPERTY AND MOBILE HOME 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: DOS FMV Wife contends: DOS FMV Agreed or Court finding: FMV Classification Husband contends: Marital or Sep (M/S) Wife contends: Marital or Sep (M/S) Agreed or Court finding: Marital or Sep Husband contends Who has it? (H/W) Possession Wife contends: Who has it? (H/W) Agreed or Court finding: Who has it? Husband contends Who gets it? (H/W) Distribution Wife contends: Who gets it? (H/W) Agreed or Court finding: Who gets it? PROPERTY 1. 2. 3. 4. 5. SCHEDULE II MOTOR VEHICLES Include a description of the property sufficient that the Court can identify it. Value Husband contends: DOS FMV Wife contends: DOS FMV Agreed or Court finding: FMV Classification Husband contends: Marital or Sep (M/S) Wife contends: Marital or Sep (M/S) Agreed or Court finding: Marital or Sep Husband contends Who has it? (H/W) Possession Wife contends: Who has it? (H/W) Agreed or Court finding: Who has it? Husband contends Who gets it? (H/W) Distribution Wife contends: Who gets it? (H/W) Agreed or Court finding: Who gets it? PROPERTY 6. 7. 8. 9. 10. Family Court Domestic Rules 20A Judicial District (20FCDR) Page 1 of 12 American LegalNet, Inc. www.FormsWorkflow.com FORM # 13B SCHEDULE III HOUSEHOLD FURNISHINGS, COLLECTIBLES Include a description of the property sufficient that the Court can identify it. Value Husband contends: DOS FMV Wife contends: DOS FMV Agreed or Court finding: FMV Classification Husband contends: Marital or Sep (M/S) Wife contends: Marital or Sep (M/S) Agreed or Court finding: Marital or Sep Husband contends Who has it? (H/W) Possession Wife contends: Who has it? (H/W) Agreed or Court finding: Who has it? Husband contends Who gets it? (H/W) Distribution Wife contends: Who gets it? (H/W) Agreed or Court finding: Who gets it? PROPERTY 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Family Court Domestic Rules 20A Judicial District (20FCDR) Page 2 of 12 American LegalNet, Inc. www.FormsWorkflow.com FORM # 13B 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: DOS FMV Wife contends: DOS FMV Agreed or Court finding: FMV Classification Husband contends: Marital