Property division is the distribution of assets in a divorce. North Dakota has specific property division laws that will affect what you can claim as your own.
North Dakota follows the practice of equitable distribution. This makes the division of property a much more complicated process in divorce, but it is potentially fairer. See below to learn more about equitable distribution and other property distribution issues in North Dakota.
How does equitable distribution work?
The equitable distribution process involves a judge who determines which spouse receives certain assets. The court examines the property value and considers the needs of each individual. Not every asset is eligible for property division. Any property obtained before the marriage will not be suitable. In addition, if the property is not marital or shared, it will not be a part of the property division.
Are there other factors?
Some factors that might determine the division of property can include:
- If a spouse earns significantly less income. A judge also considers the potential of each spouse to make money in the future. Spouses with less ability to earn income might receive more assets.
- If a spouse earns full custody of a child after a divorce, they also might receive a larger portion of the marital assets
- If a spouse is at fault for the divorce, they might receive less of the marital assets
Property division in North Dakota can strain an already combative relationship. It is in your best interest to hire a lawyer to help claim what is yours and end the proceedings as soon as possible.