Selling the Family Home During Divorce in North Dakota
In North Dakota, the process of selling a family home during a divorce can be complex and is governed by specific legal provisions. The North Dakota Century Code provides guidance on how property, including the family home, is handled during divorce proceedings.
Property Division in North Dakota
According to North Dakota Century Code 14-05-24, when a divorce is granted, the court makes an equitable distribution of the property and debts of the parties. The valuation date for marital property and debt is either the date mutually agreed upon by the parties or, if no agreement is reached, sixty days before the initially scheduled trial date. If there is a substantial change in the value of an asset or debt between the date of valuation and the date of trial, the court may adjust the valuation of that asset or debt as necessary to effect an equitable distribution.
Selling the Family Home
The sale of the family home during a divorce is subject to the court’s discretion. As per North Dakota Century Code 14-05-25, the court, in rendering the decree of divorce, 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, according to the facts in the case and in consonance with the law relating to homesteads.
Interim Period Restrictions
During the interim period of the divorce proceedings, there are certain restrictions on the disposal or encumbrance of assets. If a spouse sells, encumbers, or otherwise dissipates assets during this period, that spouse is required to provide an accounting to the other spouse within 30 days. Violation of these provisions may result in contempt of court.
Abandonment or Imprisonment
In cases where a spouse abandons the other and removes from the state for one year without providing for the maintenance and support of the family, or is sentenced to imprisonment for a year or more, the district court may authorize the abandoned or non-imprisoned spouse to manage, control, sell, or encumber the property of the other spouse for the support and maintenance of the family and for the purpose of paying debts contracted prior to such abandonment or imprisonment (North Dakota Century Code 14-05-25.1).
In conclusion, selling the family home during a divorce in North Dakota is subject to various legal provisions and court discretion. It is advisable to consult with a legal professional to understand the implications and procedures involved.