Community Property in New Hampshire
State-specific overview · Family Law
New Hampshire is a common law property state; community property rules do not apply to married couples.
How New Hampshire treats Community Property
New Hampshire follows equitable distribution law, not community property principles. Property belongs to the spouse whose name is on the title or who acquired it, unless jointly titled or explicitly given to both spouses. Upon divorce, courts divide marital property fairly but not necessarily equally, considering factors like the length of marriage and each spouse's contributions. Prenuptial agreements are recognized and enforceable under New Hampshire law.
The general definition of Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Community property is a legal system used in certain states where most assets and income earned during a marriage belong equally to both spouses. It doesn't matter whose name is on the title or who earned the money—the law presumes it's jointly owned. When the marriage ends, community property is typically divided equally between the spouses. Separate property (owned before marriage or inherited) stays with the original owner.
Read the full Community Property entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Hampshire.