Is North Carolina a community property state?

1. Dividing property at divorce

   The court divides marital and divisible property equally by net value unless it determines that an equal division is not equitable, in which case it divides equitably after weighing listed factors.^[1]

   “There shall be an equal division by using net value of marital property and net value of divisible property unless the court determines that an equal division is not equitable.”^[1]

   N.C. Gen. Stat. § 50-20(c) · checked October 26, 2026

2. Marital property

   Marital property is all real and personal property acquired by either or both spouses during the marriage and before separation and still owned, other than separate or divisible property.^[1]

   “All real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of the separation of the parties, and presently owned, except property determined to be separate property or divisible property in accordance with this subsection.”^[1]

   N.C. Gen. Stat. § 50-20(b)(1) · checked October 26, 2026

3. Separate property

   Separate property is property acquired before marriage, or acquired during the marriage by inheritance (devise or descent) or gift.^[1]

   “All real and personal property acquired by a spouse before marriage or acquired by a spouse by devise, descent, or gift during the course of the marriage.”^[1]

   N.C. Gen. Stat. § 50-20(b)(2) · checked October 26, 2026

Not legal advice. Plain-English summaries of North Carolina’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in North Carolina.