How Property Division Works In Divorce

What you know about property division might be wrong. There are many misunderstandings about this complex aspect of divorce law. For example, under New Hampshire law:

  • Property does not have to be divided 50-50.
  • You may not automatically get to keep property that you owned prior to the marriage.
  • Your retirement benefits are subject to division.

Many divorce disputes can be avoided simply by enlisting an experienced lawyer to guide you through the process, learning how the law actually works and creating a strategy that makes sense under the law, rather than charging into battle.

At Follender Law Offices, P.L.L.C., in Nashua, not only will we educate you about how property division works, we will take the time to listen to you. We will learn about the property you are most interested in protecting. We will effectively advocate for you in court, making clear the reasons why you should be awarded a greater share of the marital estate. You will benefit from our 35-plus years of experience.

Equitable Division Versus Equal Division

New Hampshire law calls for an equitable division of property. Many people assume that means an equal division of property. However, equitable means fair.

An equal 50-50 division may be a good starting point when determining how to divide property, but it is not always fair. There are other factors the court requires to be considered than just the amount of property. These factors include each spouse's education, work history and earning capacity, as well as each spouse's contributions to the marriage. We will make certain that all factors are reviewed carefully in pursuit of a fair division of property.

Separate Property Is Not Necessarily Yours To Keep

Every case starts with the presumption that all property is marital property. Even if you owned a house prior to the marriage, that house will be presumed to be marital property until all factors are considered. If it is fair to do so, it is possible to keep separate property. We understand the importance of protecting premarital property, inheritances, gifts and other separate property, so we will take the necessary steps to protect the property that you wish to keep.

Protecting Your Property Starts With A Free Consultation

Call 603-373-1587or send an email to talk to an attorney today. We will take a personalized approach to your case, guiding you through the property division process.