- the property was owned prior to marriage;
- the property was received by gift or inheritance;
- the property was a gift from the other spouse during the marriage and there was an intention stated in the conveyance that it would be the separate property of the recipient spouse; or
- the property was acquired in exchange for separate property.
Is My Separate Property Included in the Marital Estate for Purposes of Equitable Distribution?

In North Carolina, separate property refers to property that is owned by one spouse individually. Separate property includes: property (which can be an asset or debt) owned prior to the marriage, property acquired by gift or inheritance, or property acquired in exchange for other separate property. However, gifts between spouses are presumed to be marital property unless there is evidence that the property was intended to be the separate property of the recipient spouse.
A spouse’s separate property is not subject to equitable distribution. A judge does not have authority to divide a spouse’s separate property, or include its value as part of the marital and divisible estate. When there is a disagreement between the spouses as to whether property is the separate property of one spouse, the spouse claiming the property is his or her separate property has the burden of proving that: