Unique Issues With Dividing Property Under a Short-Term Marriage
Under New Hampshire law, the court will divide all property held by either property, either acquired before the marriage or during the marriage. While the court starts with the presumption that the property shall be divided equally between the parties, the court may and often does treat short-term marriages differently. The New Hampshire Supreme Court has found that a short-term marriage may be considered differently than a long-term marriage. The New Hampshire Supreme Court has explained that in a short-term marriage, it is easier to give back property brought into the marriage and still leave the parties in a no worse position than they were prior to it. Consistent with this ruling, the New Hampshire Supreme Court has upheld a trial court awarding one souse the entire real estate because she put down most of the down payment on the purchase of the house with inherited funds.
While the trial court does have the authority in short-term marriages to refuse to divide the assets 50/50, the trial court has discretion to divide the marital estate 50/50, even in marriages of short duration.
If you have any questions regarding division of assets upon divorce, please contact an attorney at Hamblett and Kerrigan.
Kevin P. Rauseo is a director at Hamblett & Kerrigan P.A. He concentrates his practice in the areas of family and divorce law, Collaborative law, child custody and visitation, child support and alimony, personal injury, insurance defense, slip and fall accidents, automobile and truck accidents, motorcycle accidents, premises liability, dog bites and civil litigation. He is a member of the International Academy of Collaborative Professional and serves on the Professional Development Committee and has previously served on the Public Education Advisory Panel of the Academy. He also is a member of the Collaborative Law Alliance of New Hampshire. You can reach Attorney Rauseo atkrauseo@nashualaw.com.
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