Documents We Need for Marital Property & Debt Cases (Equitable Distribution)
If you have a marital property trial, you must eventually complete a Form 6 EDIA.
Deeds and deeds of trust for any real property, including timeshare ownership and burial property, and any appraisals. Recent mortgage statements, including home equity loans/lines of credit. If you are separated, we need statements beginning with those for the whole calendar year you separated, and ending with recent statements. Documentation of any short sale, foreclosure or loan modification within the last 12 months.
All titles, registration or other ownership records for personal property. This includes any vehicles, boats, trailers, jet skis, ATVs/four-wheelers, motor cycles, horses and farm equipment, machinery, mobile homes, collections, etc. If the property is financed, please provide any loan records and balances starting on the date of separation.
Recent statements for ANY retirement benefits, including pensions, IRAs, mutual funds, ESOPs, 401(k)s and 403(b)s. If you are separated, include statements starting with those for the whole calendar year you separated, and ending with current statements. For pension plans, please contact the plan administrator for the value of your account currently, and as of the date you separated. We also need statements for any outstanding loans against any retirement plan.
Recent statements for all bank accounts, including savings, checking, money market or investment accounts, CDs, stocks and bonds. If you are separated, provide statements for the calendar year of your date of separation through the present. Include ownership records for any business in which you have any ownership, including sole proprietor business, corporations and LLCs.
Recent statements for life insurance, and a statement closest to the date you separated. Include documents that show the beneficiary and the death benefit. Whole life policies accrue and build in value, term policies do not.
All records from any lawsuit during the last three years, including lawsuits you expect, such as a foreclosure. This includes bankruptcy, any court judgment, lien for money owed, small claims court, tax proceedings, workers compensation, personal injury, etc.
Any paper trail showing your separate ownership of property, such as significant gifts, inheritance or ownership of an asset you already owned when you got married. Read About Separate Property.
Copy of any prenuptial agreement (also called a premarital agreement), separation agreement, contract or court order regarding you and/or your spouse, former spouse or co-parent.
Statements for ANY debt in either person’s name, and any in joint names, including general loans, loans from retirement plans, mortgages, student loans, car loans, credit cards, etc., from the date of your separation through the present.
Check Your Credit Report (We Do Not Need a Copy)
CHECK your credit report for what debts are in your name either jointly with anyone else or individually. We do NOT want your credit report, but we want to be sure that you can inform us of all of your debts. Use www.AnnualCreditReport.com to access one free credit report, for yourself only.
KEEP all on-going records until your case is finished.
Call us (252) 758-3430 with questions.Print This Page