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if your married who gets the house

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NHfather

Member
What is the name of your state? NH. if your married an the house is in one person name who gets it aupon divorge
 


LdiJ

Senior Member
What is the name of your state? NH. if your married an the house is in one person name who gets it aupon divorge
The house itself is the property of the single owner. However, the other spouse would be entitled to a share of the equity in the house that accrued during the marriage. That equity could be exchanged for other assets, or the single owner could refinance the home to pay out the spouse's share of the equity.
 

nextwife

Senior Member
The house itself is the property of the single owner. However, the other spouse would be entitled to a share of the equity in the house that accrued during the marriage. That equity could be exchanged for other assets, or the single owner could refinance the home to pay out the spouse's share of the equity.
Maybe, maybe not.

That depends on to what degree marital funds were used after marriage. If one party, for example, owned the place F&C before marriage, and during marriage only property taxes and regular maintenance was done, there might not be a marital interest at all for the other spouse.

It also would depend on exactly who owns it and in what form of ownership.
 
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BelizeBreeze

Senior Member
What is the name of your state? NH. if your married an the house is in one person name who gets it aupon divorge
The house and all assets derived therefrom, IF purchased before the marriage, remain the sole property of the purchaser.

The house and all assets derived therefrom, IF purchased DURING the marriage, remain the community property of the marriage.

The house and all assets derived therefrom, IF purchased BEFORE the marriage and converted DURING the marriage, remain the community property of the marriage.

New Hampshire is a fault and equitable distribution state. Which means if fault is used as a grounds for divorce, the offended party can assert a claim to an unequal portion of the COMMUNITY property only.
 

LdiJ

Senior Member
Maybe, maybe not.

That depends on to what degree marital funds were used after marriage. If one party, for example, owned the place F&C before marriage, and during marriage only property taxes and regular maintenance was done, there might not be a marital interest at all for the other spouse.

It also would depend on exactly who owns it and in what form of ownership.
If ANY marital funds were spent on taxes and repairs there would be some degree of marital interest....maybe a very small degree, but some.
 

LdiJ

Senior Member
Check out the NH statutes. Taxes and repairs do not convert to ownership interest.

I was not suggesting ownership interest and I think I was clear on that. I was suggesting some potentail equitable distribution interest.
 

BelizeBreeze

Senior Member
I was not suggesting ownership interest and I think I was clear on that. I was suggesting some potentail equitable distribution interest.
Again, check the statutes. There is NO equitable interest in separate property in New Hampshire.
 

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