{"id":375561,"date":"2016-03-31T21:36:18","date_gmt":"2016-04-01T02:36:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-dakota-law\/north-dakota-marital-property-laws.html"},"modified":"2024-06-27T15:08:20","modified_gmt":"2024-06-27T20:08:20","slug":"north-dakota-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-dakota-law\/north-dakota-marital-property-laws.html","title":{"rendered":"North Dakota Marital Property Laws"},"content":{"rendered":"\n
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North Dakota Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In North Dakota, all property acquired during a marriage becomes marital property. Like most other states, North Dakota is an equitable distribution state. During a divorce or legal separation, courts divide marital property according to each party’s financial needs and contribution to the marriage.<\/p>\r\n

Each state has its own laws<\/a> regarding property distribution in a divorce case. A few states are community property states. In these states, courts divide marital property 50\/50 between spouses.<\/p>\r\n

North Dakota law gives judges discretion to divide marital assets based on a set of guidelines known as the "Ruff-Fischer Guidelines." Although these guidelines aren\u2019t part of North Dakota statutes, they have become part of the divorce process through regular use.<\/p>\r\n

Note:<\/b><\/i> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.<\/i><\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

Marital property consists of everything acquired during the marriage. North Dakota courts have not codified a definition of marital property<\/b> but rely on case law (Heinz vs. Heinz<\/i><\/a>, 2001 ND 147, \u00b65, 632 N.W.2d. 443). The marital estate includes the family home and also:<\/p>\r\n