North Carolina 2025-2026 Regular Session

North Carolina House Bill H866

Introduced
4/9/25  
Refer
4/10/25  
Report Pass
4/29/25  
Refer
4/29/25  
Report Pass
4/29/25  
Engrossed
5/5/25  

Caption

Automatic Ord/Equitable Distribution Claim

Impact

If enacted, HB 866 will amend Article 1 of Chapter 50 of the North Carolina General Statutes, specifically establishing a new protocol for families undergoing divorce. It obliges the courts to automatically enter orders that restrain either party from actions involving marital property that could lead to loss or dissipation before assets are fairly divided. The measure is aimed primarily at safeguarding the financial rights of each spouse while ensuring that children’s financial interests are also protected during the process of equitable distribution.

Summary

House Bill 866, titled 'Automatic Ord/Equitable Distribution Claim', aims to implement an automatic court order to prevent spouses from wasting, converting, or secretly altering marital assets upon the filing of an equitable distribution claim. This bill introduces a standardized process whereby an automatic order is generated and enforced as soon as a claim is filed, which serves to protect both parties' interests during divorce proceedings. This initiative reflects an effort to streamline the management of marital property and ensure fair treatment during asset division as couples separate.

Sentiment

The overall sentiment surrounding House Bill 866 is largely positive among proponents who see it as a necessary reform for family law that could prevent disputes and discourage deceitful behavior regarding finances during divorces. Supporters argue that the automatic order will make the divorce process smoother and fairer, potentially reducing the number of court disputes over asset division. However, some critics express concerns over the possible implications of such orders, including fears of increased bureaucracy or delays in cases where financial situations may be complex.

Contention

Notably, discussions surrounding HB 866 have raised points of contention regarding the scope and effectiveness of the proposed automatic orders. Opponents argue that while intended to protect assets, such orders could inadvertently lead to disadvantageous situations for either party, particularly in cases where finances are entangled in complicated ways. Moreover, questions arise about the administrative burden the bill could impose on the court system, such as the need for effective mechanisms to monitor compliance with the automatic orders.

Companion Bills

No companion bills found.

Previously Filed As

NC S112

GSC Conveyances Between Spouses

NC S471

Automatic Voter Registration

NC H170

Continuing Care Retirement Communities Act.-AB

NC S145

Continuing Care Retirement Communities Act.-AB

NC S564

Improper Action Claims Act

NC H917

GSC Technical Corrections 2024

NC H127

DOI Omnibus Bill.-AB

NC S565

Revise Automatic Expunction

NC S452

DOI & Ins Law Amd/Revise HS Athletics

NC H198

DOT Legislative Changes.-AB

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NC S112

GSC Conveyances Between Spouses

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