Equitable Distribution Inventory Affidavit {WAKE-DOM-19}

NORTH CAROLINA COUNTY OF WAKE IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. ____________________________ Assigned Judge:_______________________ ___________________________________, Plaintiff, v. ___________________________________, Defendant. The undersigned affiant, after being duly sworn as shown below, states as follows: 1. 2. 3. 4. 5. EQUITABLE DISTRIBUTION INVENTORY AFFIDAVIT I am submitting this affidavit in accord with Rule 11 of the Tenth Judicial District Family Court Rules for Domestic Court and G.S. 50-21. I have read and understand the "Instructions" which accompany this affidavit, and the information contained in this affidavit is true, accurate, and complete to the best of my ability. I have made a full and complete disclosure of all marital, divisible and separate property/debts known to me. I have provided my best estimate as to the date of separation and present value of all assets and debts. Certification: I hereby certify that all Disclosures required by any schedule on which I have listed property or debt have been served with this affidavit on the opposing party or his/her counsel. This affidavit consists of this sheet and the ______ attached pages. __________________________________________________ AFFIANT Plaintiff Defendant This the _____ day of __________________________, 20_______. STATE OF ________________ COUNTY OF ______________ Sworn and subscribed personally before me, this the ______ day of __________________ 20______. __________________________________________________ Notary Public My Commission Expires: _____________________________ WAKE-DOM-19 Page 1 of 33 (Rev. 02/10) ED Affidavit for: Plaintiff or Defendant Date of Marriage: _____________________ Date of Separation: ____________________ American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS TO PARTIES FOR COMPLETION OF EQUITABLE DISTRIBUTION INVENTORY AFFIDAVIT ("EDIA") 1. PLEASE READ THESE INSTRUCTIONS CAREFULLY. Your EDIA is an important document and must be fully and accurately prepared. Submission of this EDIA is required in cases involving claims for Equitable Distribution (i.e., marital property/debt division) by the Tenth Judicial District Family Court Rules for Domestic Court ("Domestic Rules"), a copy of which is available in the Family Court Office on the 11th floor of the Wake County Courthouse. If you are not represented by counsel, you should obtain a copy of the Domestic Rules so that you can comply with them. PLEASE READ THE EDIA FORM THOROUGHLY AND CAREFULLY. If you have any questions or are unsure how to list certain information, ask your attorney or review G.S. 50-20. Please print carefully or type all information. The EDIA must substantially conform to this form. Your signature on Page 1 must be notarized. The EDIA contains numerous Schedules on which various categories of property and debt are listed. The purpose of the EDIA is to provide a complete and accurate inventory (i.e., list) of all property and all debt (whether marital or separate) that existed on the date you and your spouse separated, and to provide information about what has happened to property or debt since the date of separation. Each asset or debt should be listed separately. If you need more room to list additional property or debt on a particular schedule, please add additional sheets of paper as necessary to give complete information about your property and debt. You may omit sections or categories of assets that do not apply to your case. Please indicate if you are the plaintiff (i.e., the person who first filed a claim for Equitable Distribution) or the defendant (i.e., the person against whom the initial claim was filed) by checking the applicable box. Also, "DOM" means the date on which you and your spouse were married and "DOS" means the date on which you and your spouse physically moved apart from one another. Please include these two dates where indicated. IMPORTANT!! DISCLOSURES (i.e., supporting documents) are required for each asset and/or debt listed on your EDIA. The particular documents that you are required to produce along with your completed EDIA are listed at the top of each Schedule of the EDIA. Any time that you list an asset or debt on a particular schedule, make sure to check the instructions at the top of that Schedule ­ these instructions will tell you what Disclosures are required to be produced as supporting documents for what you have listed. Schedule XIII of this affidavit should be completed only if you are seeking an unequal distribution of marital property. If you are seeking an equal distribution, omit Schedule XIII from your affidavit. An equal distribution is presumed equitable. If you are seeking an unequal distribution of marital property, you must provide a detailed explanation as to each specific factor that you believe the court should consider in awarding you an unequal division of the marital property. See pages 26 and 27. In addition to listing property and debt, there is a place at the end of each Schedule for you to list your CONTENTIONS. This section allows you to make notes about facts or legal issues related to the classification, value, or distribution of a particular asset or debt that you would like for the other side (i.e., your spouse and his/her attorney) and the Court to consider. For example, if you contend that a certain asset was purchased in part with your separate property, you would state the facts related to this in the Contentions section on that Schedule. 2. 3. 4. 5. 6. 7. 8. 9. 10. If you are not represented by an attorney, North Carolina law and the Domestic Rules nevertheless apply to you and it is your responsibility to fully comply with these instructions. Only the Certificate of Service for the EDIA is filed with the Clerk of Superior Court. The rest of the EDIA is served on the other side pursuant to the Domestic Rules, but is not filed with the Clerk. All filings with the Clerk should be done at the Wake County Courthouse, 316 Fayetteville Street, Raleigh, North Carolina 27601. It is important to consult the Domestic Rules regarding Equitable Distribution claims in order to determine all of the deadlines and other procedural rules that apply to your case. 11. The second party to file his/her EDIA should list assets and debts in the same order and using the same asset numbers as the original filing party whenever possible. WAKE-DOM-19 Page 2 of 33 (Rev. 02/10) ED Affidavit for: Plaintiff or Defendant Date of M