North Carolina General Statutes 28A-19-19. Claims for equitable distribution
Terms Used In North Carolina General Statutes 28A-19-19
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fraud: Intentional deception resulting in injury to another.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Personal representative: includes both an executor and an administrator, but does not include a collector. See North Carolina General Statutes 28A-1-1
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(a) The provisions of N.C. Gen. Stat. § 28A-19-5 and N.C. Gen. Stat. § 28A-19-7 shall not apply to claims for equitable distribution.
(b) The personal representative may enter into an agreement, in writing, with a claimant providing for distribution of marital or divisible property, or both, in a manner deemed by the personal representative and the claimant to be equitable. The agreement shall be filed in the clerk’s office where the letters were granted and shall be a lawful voucher for the personal representative. The same may be impeached in any proceeding against the personal representative for fraud therein.
(c) Unless the claim for equitable distribution has been referred as provided in N.C. Gen. Stat. § 28A-19-15, the claimant may at anytime, subject to the provisions of N.C. Gen. Stat. § 28A-19-16, file an action with the district court for distribution of marital or divisible property in accordance with the provisions of N.C. Gen. Stat. § 50-20 (2003-168, s. 3.)