Tag Archives: nh 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 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.

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

Experienced • Knowledgeable • Committed to Justice

Attorney Michaila Oliveira Joins Manning & Zimmerman

nh divorce attorney
Attorney Michaila Oliveira

MANCHESTER, N.H. – Jan. 9, 2017 – – The Law Office of Manning & Zimmerman, PLLC is pleased to announce that Michaila Oliveira has joined the firm as an associate attorney. A graduate of the prestigious Daniel Webster Scholar program at the University of New Hampshire School of Law. Attorney Oliveira served as a judicial intern with the New Hampshire Family Division. Attorney Oliveira focuses her practice on all areas of family law, including divorce, parenting rights, post-divorce modification and enforcement, guardianships, restraining orders, and child support matters. She is admitted to practice in New Hampshire federal and state courts and is a member of the New Hampshire Bar Association, the Merrimack County Bar Association, the New Hampshire Women’s Bar Association, and the New Hampshire Association for Justice.

The Law Office of Manning & Zimmerman, PLLC is a personal injury and family law firm located in the historic district of Manchester, New Hampshire. The firm is committed to representing those who have been injured through no fault of their own, as well as those needing representation in divorce and family law matters.

Founding partners Maureen Raiche Manning and Anna Goulet Zimmerman have a combined 50 years of practice in the law and each has served a term as president of the New Hampshire Association for Justice. Attorney Manning, who was the inaugural president of the New Hampshire Women’s Bar Association, is a faculty member at the Keenan Ball Trial College where she instructs other attorneys in trial, advocacy, and settlement skills. Attorney Zimmerman is the author of Divorce in the Trenches,  a guide to military divorces, published in the Bar Journal of the New Hampshire Bar Association.

Contact New Hampshire Family Law Attorney Michaila Oliveira

Attorney Oliveira may be reached at (603) 624-7200, by email at info@manningzimmermanlaw.com, or by selecting the “contact us” feature on the firm’s website.