Dividing property during a divorce can feel overwhelming, especially when it’s unclear what belongs to whom. In New Hampshire, not everything you own gets split equally. Understanding what qualifies as separate property can help you protect what’s rightfully yours.
Defining separate property in a divorce
Separate property includes assets that aren’t subject to division in a divorce. These typically include anything you owned before getting married, gifts made specifically to you, and inheritances received in your name alone. Courts usually consider these items off-limits to your spouse—as long as you didn’t mix them with marital property.
How commingling affects ownership
Commingling can turn separate property into marital property. For example, if you inherited money but deposited it into a joint bank account and both of you used it, the court may treat it as shared. The same applies if you used separate funds to improve a jointly owned home. When you mix property like this, it can lose its separate status.
What documents help prove ownership?
Keeping clear records is one of the best ways to protect separate property. Deeds, bank statements, and wills can show the origin and ownership of your assets. If you received a family heirloom or an inheritance, documenting that it was intended for you alone can help keep it from being divided later.
Special considerations
New Hampshire follows an “equitable distribution” model, which means courts aim for fairness—not necessarily a 50/50 split. However, even under this model, separate property usually remains with the original owner. Still, judges have discretion and can include separate property if fairness demands it, especially if the marriage lasted many years or the other spouse contributed to its value.
By clearly documenting your separate property and avoiding commingling, you can help ensure that your assets remain yours. If you’re unsure about how to protect your property in divorce, it might be helpful to review your records and consult with an expert. Taking steps to safeguard your separate property can give you peace of mind as you move forward.
