Nh Divorce Laws Property
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FAQ
Equitable division ing to New Hampshire's property division laws for divorce, the courts see all property as marital property and divide them equally. This includes assets that individuals acquire before the marriage, as well as any gifts that either party receives, such as an inheritance, during the marriage.
This topic usually comes up at the Law Library when people ask us if New Hampshire is a community property state, referring to the division, or distribution, of property in divorces. The answer is, no, it isn't: New Hampshire is an ?equitable division? state.
Under New Hampshire law, regardless of how the home is titled, it is subject to division by the Judge. Even if a house is owned by one spouse only, that does not necessarily mean that spouse automatically keeps the house in the case of a divorce.
In general, the person accusing a spouse of adultery must prove that they had ?voluntary sexual intercourse? with someone outside of the marriage. Remember, they have to provide specific proof that the infidelity occurred. It can't be circumstantial evidence.
New Hampshire is an "equitable distribution" state, which divides property based on a judge's determination of what's fair under the circumstances of each case. Community property states, on the other hand, allocate property between spouses as close to 50-50 as possible.