On April 15, 2026, the North Carolina Court of Appeals issued several family law opinions, including a published decision on how marital property is divided. At The McKinney Law Group Family & Divorce Lawyers, we follow these rulings closely because they shape how trial courts handle equitable distribution. For anyone working with a family lawyer in Black Mountain, the lessons are practical and worth understanding before trial.
How North Carolina Divides Marital Property
Under the state’s equitable distribution statute, courts presume that an equal division of marital property is fair unless the evidence shows otherwise. Judges work through three steps, and the order matters.
- Classification. The court decides whether each asset is marital, separate, or divisible.
- Valuation. Each marital asset receives a net value.
- Distribution. The court divides the marital estate.
Blending these steps together is where many trial orders fail on appeal.
What Happened in Biddle v. Biddle
Biddle v. Biddle followed an eight-year marriage. Before trial, the spouses entered a detailed pretrial order, and they agreed that a South Carolina townhouse was marital property. The trial court treated it as partly separate anyway.
That was an error.
Stipulations Bind the Court
As reported by North Carolina Lawyers Weekly, the Court of Appeals partially vacated the order because neither spouse had moved to set the stipulation aside, so the judge was bound by it. The court also found that an in-court agreement about a checking account had been overlooked. And the husband’s premarital contribution to the townhouse should have been weighed as a distributional factor, not used to change the classification.
The Burden of Proof on Investment Gains
The opinion then addressed growth in the husband’s separate investment accounts. Once the wife showed the accounts increased in value during the marriage, the burden shifted to the husband to prove that growth came from market forces rather than active management. The trial court placed that burden on the wife, so the case went back for new findings.
But not everything was reversed. The residence valuation and most of the tracing analysis on a retirement account were upheld, which shows that careful documentation still carries weight.
Practical Lessons for Spouses Heading to Trial
These principles apply statewide, including in Buncombe County. A divorce attorney preparing for a property hearing will focus on several points.
- Keep fairness arguments for the distribution stage.
- Treat pretrial stipulations as final, since changing one requires a formal motion.
- Gather records showing how separate property grew over time, because the burden of proof may fall on you.
- Document tracing with bank statements and account histories.
Preparing Your Property Division Case
Property division outcomes often turn on decisions made months before trial. The McKinney Law Group Family & Divorce Lawyers represents clients in divorce and equitable distribution matters across western North Carolina. Our attorney serves as a Black Mountain, NC family lawyer residents can turn to for property questions. Contact our office to discuss how these rulings may affect your case.