What we call "marital property" -- goods obtained during the course of a marriage -- is only relevant when the two parties decide to get divorced. Some items, such as inheritances, personal gifts, and property acquired with separate assets, are not considered marital property.
State marital property laws establish a framework for how property is handled in a divorce proceeding. While some states continue to use the "community property" rule that generally splits property 50/50, a growing number of states is using the "equitable distribution" approach, which considers what each party needs based on their earning potential and other factors.
North Dakota Marital Property Laws at a Glance
The state of North Dakota uses an equitable distribution approach to separating marital property in the event of a divorce. But if the parties reach a reasonably fair agreement on their own, the court typically will grant that agreement.
See the following chart for more details about North Dakota marital property laws (including the factors considered by family courts) and FindLaw's Divorce and Property section for additional articles and helpful resources.
| Relevant Code Section | 14-05-24. Division of property and debts. |
| Community Property Recognized? | No |
| Division of Property and Debts |
|
| Dower And Curtesy | Dower and curtesy abolished (ยง14-07-09) |
Note: State laws are always subject to change at any time, most often through the enactment of newly signed legislation but sometimes through higher court decisions and other means. You also may want to contact a North Dakota divorce attorney or conduct your own legal research to verify the state law(s) you are researching.
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North Dakota Marital Property Laws: Related Resources
