During a divorce, it is common for one spouse to control most of the financial accounts or hold title to major assets. If you are facing this situation in Manchester, you may worry that you will not receive a fair share of the marital property. However, New Hampshire law focuses on fairness, not just whose name appears on an account or title.
Ownership does not control property division
New Hampshire uses an equitable distribution system, which means the court divides marital property fairly, even if one spouse legally owns most of the assets. In many cases, assets acquired during the marriage may still qualify as marital property, including:
- Income earned by either spouse during the marriage
- Real estate purchased while married
- Retirement accounts and pensions
- Investment and brokerage accounts
- Business interests built during the marriage
Even if your spouse’s name appears alone on a bank account or deed, the court may still treat the asset as part of the marital estate.
How courts identify hidden or controlled assets
When one spouse controls most of the finances, the court relies on financial disclosure to ensure transparency. Both spouses must provide accurate and complete information about their income, assets, and debts. If necessary, the court may review:
- Bank and investment records
- Tax returns and financial statements
- Business records and valuation reports
- Credit card and loan documentation
In more complex cases, attorneys may involve forensic accountants to trace assets or identify hidden income.
The court looks at fairness, not just titles
When dividing property, New Hampshire courts consider several factors beyond ownership, including:
- The length of the marriage
- Each spouse’s financial and non-financial contributions to the marriage
- Each spouse’s income and earning capacity
- The marital standard of living
- The future financial needs of both spouses
These factors help the court determine a fair division of property, even when one spouse controlled most of the assets.
Why legal guidance is important
If most of your marital assets are in your spouse’s name, you still have legal rights under New Hampshire law. Yet, protecting those rights often requires careful financial analysis and strong legal advocacy.
An experienced family law attorney in Manchester can help you identify marital property, obtain financial disclosures, and ensure a fair division of assets. If your spouse controls the finances, legal support can make a significant difference in protecting your financial future.
