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Division of Property in NH Divorce Cases

Divorce proceedings can be very complicated, especially if the divorcing parties are dissolving their marriage on less than amicable terms. It is important to have someone on your side who can examine your case from an objective viewpoint. A New Hampshire divorce attorney can assist you with all aspects of your divorce case, and ensure that your rights are upheld so that you aren't taken advantage of. Divorces are difficult enough, so it's important that all divorce proceedings are equitable from the start, and that neither divorcing party takes advantage of the other.

Division and valuation of property is a significant matter that will ultimately help determine other items of interest in the divorce, such as spousal support payments. Before division of property can take place, it is important to separate property into two categories: property that was acquired by a divorcing party prior to marriage and property that was acquired by both now divorcing parties prior to their decision to dissolve that marriage. Once this is done, property must be evaluated to determine how much each item is worth, which will in turn lead to what is ultimately going to happen to the property and the decision that is made in reference to who acquires the property or how much money is split when the property is sold.

Valuation of property can take on three different forms:

1. A "market or sales" evaluation of the property that uses current pricing of local, comparable homes recently sold in the area to determine the market value of the property in question.
2. "Capitalization of income" is utilized when considering investment properties that produce income (as opposed to properties that the couple primarily used as places of residence), and basis the evaluation on how much money the property can potentially make.
3. he "cost approach" considers how much it would cost to build a similar structure to the one in question, taking into account the cost of the land and building materials, to determine the value of the property.

Division of property cannot occur until one of the above appraisal methods has been utilized by a credible appraiser. Once this has taken place, division of assets is determined in an equitable manner to both parties, taking into account current sources of income, past misdeeds that led to the dissolution of marriage and the earning potential of each party for future job and income earning endeavors.

At Tenn And Tenn, P.A., our skilled NH divorce attorneys are experienced in handling divorce cases the correct way from the start. Our division and valuation of property lawyers will examine all aspects of your case, determine division of property terms that are fair for you, and ensure that you are not taken advantage of in your divorce settlement. Call us today toll-free at 1-888-511-1010, and we will start working on your case.