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Marital Property

New Hampshire Marital Property LawyersWhat is Marital Property in New Hampshire?

In New Hampshire all marital property is subject to division by the Court.

Typically, all property, regardless of whose name the title to the property is held, is considered marital property and subject to division, subject to few exceptions. If your house is only in your husband's name or your vacation home is in your wife's name, it is likely the marital property is still subject to equitable division by the Court.

Even property owned by your spouse prior to your marriage likely will be considered marital property, absent a prenuptial agreement.

Specifically, RSA 458:16-a (I) provides:

Property shall include 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

RSA 458:16-a (I) (emphasis added).

What constitutes marital property in NH and how that property should be equitably divided often can present complex legal and valuation issues. Even in cases where the parties are divorcing amicably, there is the potential for disputes to arise in the division of marital property. A skilled Family Law Attorney at Tenn And Tenn, P.A. can help. If you are concerned about protecting your assets, please call our experienced team of NH divorce attorneys to discuss your situation and how we can help.


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