Division of Real Estate in a North Dakota Divorce
The division of real estate in a North Dakota divorce is governed by specific statutes and legal procedures. The North Dakota Century Code provides clear guidelines on how property, including real estate, should be divided in the event of a divorce.
Equitable Distribution of Property
According to section 14-05-24 of the North Dakota Century Code, when a divorce is granted, the court is required to make an equitable distribution of the property and debts of the parties. This means that the court will divide the property in a manner that it deems fair, but not necessarily equal.
The valuation date for marital property and debt is either the date mutually agreed upon between the parties or, if no agreement is reached, sixty days before the initially scheduled trial date. If there is a substantial change in 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.
Summary Real Estate Disposition Judgment
In the case of real estate, section 14-05-24.2 of the North Dakota Century Code provides for a Summary Real Estate Disposition Judgment. This is a court order that describes how the real estate is to be divided. The court may direct either of the parties or their legal counsel to prepare and submit a proposed summary real estate disposition judgment.
The summary real estate disposition judgment must contain the full caption and file number of the case, the dates of the parties’ marriage and of the entry of the judgment and decree of divorce, and the names of the parties’ attorneys or if either or both appeared pro se.
Homestead Assignment
According to section 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 is done in accordance with the law relating to homesteads.
Enforcement of Property Division
Under section 14-05-25.1, a money judgment to secure division of property is enforceable by contempt proceedings. This means that if a party fails to comply with the court’s order regarding the division of property, they can be held in contempt of court, which can result in fines or even jail time.
Domicile Considerations
In North Dakota, the presumption of law that the domicile of the husband is the domicile of the wife does not apply in divorce cases. As per section 14-05-18, after separation, each party may have a separate domicile, depending for proof upon actual residence and not upon legal presumptions. This can have implications for the division of real estate, particularly if the parties own property in different jurisdictions.
In conclusion, the division of real estate in a North Dakota divorce involves a complex interplay of statutes and legal procedures. It is always advisable to seek legal counsel to navigate these complexities and ensure a fair and equitable division of property.