Definition of Separate Property in a Divorce
In the context of a divorce, separate property refers to any property that was owned by either spouse prior to the marriage, or acquired by either spouse during the marriage through gift, inheritance, or personal injury awards. This property remains the sole property of the spouse who owns it, even in the event of a divorce.
North Dakota Statutes on Separate Property
According to North Dakota Century Code 14-07-08, the earnings and accumulations of either spouse, while the husband and wife are living separate from each other, are considered the separate property of each spouse. This statute also states that 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.
Separate Property and Divorce Proceedings
In divorce proceedings, separate property is typically not subject to division between the spouses. This is because it is not considered part of the marital estate, which is the pool of assets that are divided between the spouses in a divorce. However, it’s important to note that the distinction between separate and marital property can sometimes be blurred, especially when separate property has been commingled with marital property.
For instance, if one spouse owned a house prior to the marriage (separate property), but both spouses contributed to the mortgage payments during the marriage (marital property), the house may be considered partially marital and partially separate property. In such cases, the court may need to determine the proportion of the house’s value that is separate property and the proportion that is marital property.
Impact of Separate Property on Alimony and Child Support
While separate property is generally not divided in a divorce, it can still impact other aspects of the divorce settlement. For example, the court may consider the separate property of each spouse when determining alimony or child support payments. According to North Dakota Century Code 14-05-24, when a divorce is granted, the court shall make an equitable distribution of the property and debts of the parties, which could potentially include separate property.
In conclusion, understanding the concept of separate property and how it is treated in a divorce can be crucial for individuals going through a divorce in North Dakota. It’s always advisable to consult with a knowledgeable family law attorney to ensure that your rights and interests are adequately protected.