What Happens to Our House in a New Hampshire Divorce?

For many couples, the family home is the most valuable asset in a marriage—and often the most emotionally significant. During a New Hampshire divorce, one of the biggest questions is: who gets the house?

The answer depends on several factors, including when the property was acquired, how much equity exists, whether children are involved, and what the court considers fair under New Hampshire law.

New Hampshire Is an “Equitable Distribution” State

New Hampshire follows the legal principle of equitable distribution. That means marital property is divided fairly, though not necessarily equally.

Under New Hampshire law, courts begin with the assumption that an equal division of property is appropriate. However, judges may depart from a 50/50 split if the circumstances justify a different outcome.

Importantly, the court has broad authority over property division. Even assets titled in one spouse’s name alone may still be subject to division in a divorce.

Is the House Marital Property?

The first question is whether the house is considered marital property.

In New Hampshire, property acquired during the marriage is generally part of the marital estate, regardless of whose name is on the deed or mortgage. That means:

• A home purchased during the marriage is usually divisible in divorce

• Equity accumulated during the marriage is typically marital property

• Mortgage payments made with marital income may create marital interests

Even a house owned by one spouse before marriage may be partially divisible if marital funds were used to pay the mortgage, renovate the property, or increase its value.

What Factors Does the Court Consider?

When deciding what happens to the marital home, New Hampshire courts may consider:

• The length of the marriage

• Each spouse’s income and earning capacity

• Contributions to the marriage, including homemaking and childcare

• Custody arrangements involving minor children

• The value of other marital assets

• Whether one spouse can afford to maintain the property

• Any waste or dissipation of marital assets

The court’s goal is to reach a fair overall property division, not necessarily to split every asset down the middle.

Common Outcomes for the House

1. One Spouse Keeps the House

In many cases, one spouse keeps the home while the other receives compensation for their share of the equity.

This often happens when:

• One parent will remain in the home with the children

• One spouse can refinance the mortgage independently

• The parties agree to a buyout arrangement

Typically, the spouse keeping the property refinances the mortgage to remove the other spouse’s liability.

2. The House Is Sold

Sometimes neither spouse can realistically afford the home alone. In that situation, the court may order the property sold and the proceeds divided.

Selling the house is common when:

• The parties have substantial equity

• There is significant conflict over ownership

• Maintaining the property is financially impractical

After paying off the mortgage, taxes, realtor fees, and closing costs, the remaining proceeds are distributed according to the divorce settlement or court order.

3. Delayed Sale of the Home

In some divorces involving children, the parties may agree—or the court may order—that the custodial parent remain in the home temporarily before a future sale.

For example:

• The children may stay in the home until they graduate high school

• The house may be sold after a defined number of years

• One spouse may receive temporary exclusive possession

These arrangements can provide stability for children while allowing both spouses to preserve their financial interests.

What About the Mortgage?

A divorce decree does not automatically remove a spouse from a mortgage.

If both spouses signed the loan, both remain legally responsible to the lender unless the mortgage is refinanced or paid off. This is true even if the divorce order says only one spouse is responsible for future payments.

For that reason, refinancing is often a critical part of any agreement involving the marital home.

Can Spouses Reach Their Own Agreement?

Yes. In fact, many New Hampshire divorces are resolved through negotiated settlement rather than trial.

Spouses may agree to:

• Sell the home

• Divide equity in a specific way

• Transfer ownership to one spouse

• Delay sale of the property

• Offset the home’s value with other assets

Courts generally approve reasonable agreements so long as they are fair and comply with state law.

Tax and Financial Considerations

Decisions involving the marital home can have long-term financial consequences. Issues to evaluate include:

• Capital gains taxes

• Refinancing costs

• Home equity

• Credit implications

• Maintenance expenses

• Future housing affordability

Before finalizing any property settlement, it is often wise to consult both a divorce attorney and a financial professional.

Final Thoughts

There is no universal answer to who gets the house in a New Hampshire divorce. The outcome depends on the unique financial and family circumstances of each case.

Whether the home is sold, transferred, or temporarily retained, the key issue is achieving a fair and workable resolution that protects both parties’ financial interests moving forward.

If you are facing divorce and have questions about your rights regarding the marital home, speaking with an experienced New Hampshire family law attorney can help you understand your options and avoid costly mistakes.

TO SPEAK WITH AN EXPERIENCED NEW HAMPSHIRE DIVORCE ATTORNEY, PLEASE CONTACT FAMILY LEGAL SERVICES, P.C. AT (603) 225-1114.

Jeffrey A. Runge, Esquire

Family Legal Services, P.C.

141 Airport Road,

Concord, NH 03301

(603) 225-1135

jrunge@familylegalservices.org