Property Division in North Dakota Divorce
In North Dakota, the division of property in a divorce is governed by the principles of equitable distribution. This means that the court will divide the marital property in a manner that it deems fair and equitable, but not necessarily equal. The court takes into consideration a variety of factors, including the duration of the marriage, the age and health of the parties, their earning abilities, and the nature and value of the property.
Separate vs. Marital Property
In North Dakota, property is classified as either separate or marital. Separate property typically includes assets that one spouse owned prior to the marriage, inheritances received by one spouse, and gifts given specifically to one spouse. Marital property, on the other hand, generally includes all assets acquired during the marriage, regardless of whose name is on the title.
According to North Dakota Century Code 14-07-08, the separate property of the husband or wife is not liable for the debts of the other spouse, but each is liable for their own debts contracted before or after marriage. This suggests that separate property remains separate in a divorce and is not subject to division.
Keeping Property Bought Before Marriage
In response to the question, “Can I keep property I bought before the marriage?” the answer is generally yes. If you bought a property before the marriage, it is considered your separate property and is not subject to division in a divorce. However, there are exceptions to this rule. For instance, if the separate property has been commingled with marital property or if the other spouse has contributed to its increase in value, it may be considered marital property and subject to division.
Court’s Discretion in Property Division
The court has broad discretion in dividing property in a divorce. According to North Dakota Century Code 14-05-24, the court may assign the homestead or such part thereof as to the court may seem just, to the innocent party, either absolutely or for a limited period. This means that the court can award the marital home to one spouse, even if it was purchased before the marriage, if it deems it fair and just.
In conclusion, while property bought before the marriage is generally considered separate property and not subject to division in a divorce, there are exceptions to this rule. It is always advisable to consult with a knowledgeable family law attorney to understand your rights and obligations in a divorce.