The term marital property refers to the possessions and ownership stakes accumulated by a couple during their marriage and thus subject to division upon divorce. Some property is considered separate and not subject to division, such as personal gifts, inheritances, goods acquired prior to the marriage, and goods acquired with the proceeds of separate property.
States differ on how marital property is divided, ranging from "community property" guidelines to the more popular "equitable division" approach. Equitable division considers the means and needs of each party and other, more practical concerns, while community property states divide marital property 50/50.
New Hampshire Marital Property Laws at a Glance
See the following chart for information about New Hampshire marital property laws (including the factors considered by family courts) and FindLaw's Divorce and Property section for additional articles and helpful resources.
|Community Property Recognized?||No|
|Statutory Definition of Marital Property
All tangible and intangible property and assets, real or personal, belonging to either or both parties, whether title to the property is held in the name of either or both parties. Intangible property includes, but is not limited to, employment benefits, vested and non-vested pension or other retirement benefits, or savings plans.
To the extent permitted by federal law, property shall include military retirement and veterans' disability benefits. (458:16-a)
|Factors Considered When Dividing Marital Property||
|Dower And Curtesy||Dower and curtesy abolished (Ch. 560:3)|
Note: State laws are subject to change at any time through the passage of newly signed legislation or other means. While we strive to ensure the accuracy of these pages, you may also want to contact a New Hampshire Divorce attorney or conduct your own legal research to verify the state law(s) you are researching.
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New Hampshire Marital Property Laws: Related Resources
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