Tag Archives: Manchester Divorce Lawyer

new hampshire divorce attorneys

New Hampshire Divorce Attorneys: Inherited Marital Property

Is my inheritance considered marital property?

new hampshire divorce attorneysAccording to the New Hampshire divorce attorneys at the Law Office of Manning & Zimmerman, marital property includes anything and everything owned by either of the parties. This includes homes titled in only one party’s name, retirement funds, and yes, even inherited funds or property. It does not matter when (even if the property was purchased or received prior to the marriage) or how the property was purchased. Everything goes into the pot to be divided.

New Hampshire Divorce Law

The definition of marital property is found in New Hampshire law at at RSA 458:16-a, which states:

Property shall include all tangible and intangible property and assets, real or personal, belonging to either or both parties, whether title to the property is held in the name of either or both parties. Intangible property includes, but is not limited to, employment benefits, vested and non-vested pension or other retirement benefits, or savings plans. To the extent permitted by federal law, property shall include military retirement and veterans’ disability benefits.

New Hampshire Supreme Court Decision

More particularly, the New Hampshire Supreme Court specifically addressed inheritances  in its decision In the Matter of Henry and Henry, writing:

To the extent that the respondent asserts that the trial court erred as a matter of law by dividing assets that the respondent inherited from his parents during the marriage, we disagree. By statute, marital property subject to equitable distribution “shall include all tangible and intangible property and assets, real or personal, belonging to either or both parties, whether title to the property is held in the name of either or both parties.” [citation omitted]. This statutory definition of marital property subject to equitable distribution does not exclude inherited property “belonging to either or both parties.” [citation omitted]

Dividing marital property “equitably” vs. “equally”

However, just because all funds, interests, and property belonging to either party can be divided by the court, it doesn’t mean the court will do so.  The New Hampshire divorce attorneys at Manning & Zimmerman Law know that state law allows the court to divide marital property “equitably” and equitably does not always mean “equally.” The courts have wide discretion to deviate from an equal distribution based on a number of factors including, but not limited to, the age of the parties, the length of the marriage, and the earning capacity of the parties. Every division is based on the particular facts and circumstances of the marriage being dissolved.

For questions about divorce, contact the New Hampshire divorce attorneys at Manning & Zimmerman today

The New Hampshire divorce attorneys at Manning & Zimmerman Law would be pleased to discuss your matter with you and be your partner throughout the process. Our firm is experienced and prepared to deal with any situation that may arise. For a free consultation, please feel free to call us at (603) 210-4464, send us an email to info@MZLawNH.com, or reach out to us using the “contact us” or chat feature on our website.

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New Hampshire divorce attorney

Normand, a New Hampshire Divorce Client

Normand, a New Hampshire Divorce Client

Before I hired a New Hampshire divorce attorney to represent me in what I knew would be a very contentious divorce, I interviewed 4 other law firms. After a personal meeting with Anna, I knew I had the right lawyer. Anna listened and understood my situation. She explained in very explicit language what I could expect and the time and expense it would take to win my case. She fulfilled her duties while winning my case. I was very happy with her professionalism and hired her a second time just recently to represent me on another matter. It was similarly successful and I would not hesitate to use Anna’s services again. I highly recommend her. 

Manchester Divorce Lawyer Discusses Divorce Mistakes to Avoid

gavel books Manchester Divorce LawyerWhile a Manchester divorce lawyer at the Law Office of Manning & Zimmerman PLLC can help spouses prepare for the journey ahead, many times clients adversely affect their own case. Some of the common mistakes that spouses make during the divorce are outlined below and in the following video.

Not Preparing

Before a spouse decides to get a divorce, he or she should meet with a Manchester divorce lawyer. While this may make the spouse feel disloyal, it is important that he or she takes certain steps to prepare for the upcoming divorce. There are certain financial moves that he or she can make and certain documents that he or she can gather that will make the divorce process easier and less expensive.

Not Communicating

Divorce is an emotionally-wrought time. Feelings of disloyalty, heartbreak, and bitterness can easily arise. This may cause spouses to fight over every potential issue in the divorce, from who will get what asset to how the children should be raised. In many divorces, if the spouses can find a way to cooperate, it is easier and less expensive for both of them, not to mention the children.

Communicating Too Much

However, spouses also need to be aware that they are technically adversaries in an upcoming legal proceeding. Sometimes a spouse may trust the other spouse too much and divulge information that can later be used against him or her in the proceedings. A Manchester divorce lawyer at the Law Office of Manning & Zimmerman PLLC can help explain what type of information a spouse can share with the other spouse and what type of information should remain a confidential discussion between attorney and client.

Legal Assistance from our Manchester Divorce Lawyer

If you have questions about other mistakes that are commonly made in a divorce, watch the following video, then contact a Manchester divorce lawyer at the Law Office of Manning & Zimmerman PLLC at (603) 624-7200 to schedule a confidential consultation.