Equitable Distribution Affidavit - North Carolina General Court Page 3
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33AFFIDAVIT OF HUSBAND/WIFE:
3
•
If you do not understand what is meant by the terms “Marital Property,” “Separate Property, or
“Divisible Property,” you should seek legal advice about these terms. You are responsible for
understanding the differences in these types of property.
•
If you do not have enough room on a Schedule to list all items of property or debts, use
Schedule L or attach an additional page to this Affidavit.
•
If you want to make comments about an item, footnote it on the Schedule or attach a separate
page of comments.
•
If you or your spouse own a partial interest in an asset (with one or more third parties), indicate
the percentage or amount of your interest.
•
You must complete the Summary Sheet with the totals from each Schedule.
•
Instead of using the terms “Plaintiff” and “Defendant,” use the terms “Husband” and “Wife.”
6.
DEFINITIONS. As used in this Affidavit, the following words and abbreviations have the
following meanings:
(a) “E.D.” means equitable distribution.
(b) “DOM” means the date of your marriage to the opposing party.
(c) “DOS” means the date of your separation from the opposing party (when you stopped living
together).
(d) “Net Value” and “Net FMV” mean fair market value, reduced by the amount of any debt which
is a lien on the item of property.
(e) “Real estate” includes land and all buildings and other things permanently attached to the land
and includes all properties in which you and/or your spouse had some ownership interest (the
residence, rental property, commercial or business property, vacation property, time shares,
etc.).
(f) “Transportation” means all types of motor vehicles (automobiles, trucks, motorcycles, vans,
boats, airplanes, jet skis, etc.).
(g) “Accounts” means all accounts maintained by you and/or your spouse, either individually or
jointly with each other or with other persons, in all banks, credit unions, stock brokerage firms,
mutual funds, and other financial institutions. It includes checking accounts, savings accounts,
certificates of deposit, money market accounts, stock brokerage accounts, and dividend
reinvestment accounts.
(h) “Collections” means and includes artwork, gold and other precious metals, firearms, coin
collections, and other types of collectibles (figurines, models, trading cards, etc.)
(i) “Household Goods” means furniture, antiques, prints and wall hangings, appliances,
electronics, linens, books, china, silver, crystal, kitchen utensils and cookware, outdoor
furniture, sporting goods, tools, lawn and garden equipment, and all other items of personal
property in or about the residence and/or office used by one or both of the parties.
(j) “Retirement Benefits” means all vested benefits under qualified and non-qualified retirement
plans, including pension plans, IRA accounts, 401(k) plans, profit sharing plans, deferred
compensation plans, and ESOPs.
(k) “Business Interests” means all ownership interests in closely-held business entities, such as
corporations, partnerships, limited liability companies, etc.
CCF-33
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