Thinking about dividing property is one of the most overwhelming and stressful parts of divorce. Who gets the house? Who gets the savings? These are just some of the many questions that can keep you up at night.
In North Dakota, the courts follow equitable distribution laws, which aim to divide marital property fairly between spouses. So, what does that really mean, and how does it work?
Classifying marital property
Before diving into how to divide your property, let’s first identify which properties you and your spouse might need to divide. In North Dakota, anything you’ve acquired during your marriage counts as shared or marital property. It usually doesn’t matter whose name appears on the documents.
However, there are some exceptions to this rule:
- Property owned before marriage
- Assets protected under prenuptial agreements
- Gifts given specifically to one spouse
Similar to gifts, inheritances given to only one spouse also fall under the category of separate property and aren’t up for division.
Determining a fair division
North Dakota courts divide property equitably—giving each spouse their fair share. Rather than splitting everything 50/50, they consider several factors, including:
- Length of your marriage
- Each spouse’s income
- Age and health of you and your spouse
- Each person’s contribution to acquiring property
- Child custody arrangements
Judges consider both your past contributions to the marriage and your future needs after the divorce.
Making property division smoother
While the courts generally have the final say on how to divide your property, there are steps you can take to make the process easier for everyone involved. For example, a prenuptial or postnuptial agreement can help clarify property division in case of a divorce.
Additionally, consulting an experienced divorce attorney can help make the process smoother. They can help protect your financial interests while advocating for your rights—ensuring that you have the guidance you need to move forward with confidence.