Marital Property Division in North Dakota
In North Dakota, the division of marital 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 just, but not necessarily equal. The court takes into account a variety of factors when determining how to divide the property, including the contribution of each spouse to the acquisition of the marital property.
Contribution to the Purchase of Marital Property
Under North Dakota Century Code § 14-05-24, the court considers the contribution of each spouse to the acquisition of the marital property. This includes the contribution of a spouse as a homemaker. If you contributed more to the purchase of marital property, this would be taken into account by the court when dividing the property.
However, it’s important to note that the court doesn’t only consider financial contributions. Non-financial contributions, such as homemaking and raising children, are also considered. Therefore, even if you contributed more financially, the court may determine that your spouse’s non-financial contributions were equally valuable.
Factors Considered in Property Division
The court considers several factors when dividing marital property, as outlined in North Dakota Century Code § 14-05-24(3). These include:
- The duration of the marriage
- The age and health of the parties
- The occupation and sources of income of each party
- The vocational skills and employability of each party
- The contribution by one party to the education, training, or increased earning power of the other party
- The conduct of the parties during the marriage
- The station in life of each party
- The circumstances and necessities of each party
- The health and physical condition of each party
- The financial circumstances of the parties as shown by the property owned at the time of the divorce, including the value of the property at the time of the divorce, the income-producing capacity of the property, and whether the property was acquired before or after the marriage.
Spousal Support and Property Division
In some cases, the court may award lump sum spousal support as additional marital property to a spouse. This is done to eliminate the need for spousal support or to reduce the amount or duration of the spousal support. This is outlined in North Dakota Century Code § 14-05-24(4)(c).
In conclusion, if you contributed more to the purchase of marital property, this will be taken into account by the court when dividing the property. However, the court will also consider a variety of other factors to ensure a fair and equitable distribution of property. It’s recommended to consult with a legal professional to understand how these laws apply to your specific situation.