Equitable Distribution Affidavit - North Carolina General Court Page 2
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33AFFIDAVIT OF HUSBAND/WIFE:
2
INSTRUCTIONS TO PARTIES
1.
IMPORTANT. READ THESE INSTRUCTIONS CAREFULLY.
•
Failure to follow these instructions may result in your Affidavit not being allowed into evidence
by the Court.
2.
PURPOSE AND ORGANIZATION OF AFFIDAVIT.
•
The main purpose of this Affidavit is to identify each party’s contentions about the following
matters:
•
Which items of property are MARITAL PROPERTY (these are to be listed in Part I)
•
Whether there is any DIVISIBLE PROPERTY (these are listed in Part II)
•
Which items of property are the SEPARATE PROPERTY of a party (these are listed in
Part III)
•
What DEBTS existed on the date of separation and whether they were marital debts or non-
marital debts (these are listed in Part IV).
•
What property has been sold or otherwise disposed of after the date of separation (these are
listed in Part V)
•
If a party desires an unequal distribution, what DISTRIBUTIONAL FACTORS exist (See
Part VII).
•
A second purpose of this Affidavit is to identify documents which each party has provided to
the other party (See Part VI).
3.
FILING AND SERVICE.
•
The ORIGINAL of this Affidavit must be filed with the Clerk of Superior Court, 800 East
Fourth Street, Charlotte, NC 28202.
•
A copy of this Affidavit must be served upon the opposing party (or that party’s attorney, if the
party is represented), either by delivery in person or by mail.
•
You must sign a certificate of service indicating the date and manner of service; a form is
attached as the last page of the Affidavit.
4.
DUE DATE.
•
You must file and serve this Affidavit on or before seven (7) days prior to the date set for the
initial pretrial conference, unless that day is a Saturday, Sunday, or legal holiday, in which case
the due date is the next business day.
5.
PROCEDURE AND FORMAT.
•
The information in your Affidavit must be typed or computer generated.
•
You must sign the cover sheet in the presence of a notary public.
•
You must complete Part I (Schedules A-L), and Parts II, III, IV, V, and VI. Note that there are
several alternatives to Schedule G.
•
Complete Part VII (Summary and Schedules M-O) only if you are seeking an unequal
distribution.
CCF-33
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