How Does the Court Decide Property Division in ND Divorces?
- Heartland
- 1 day ago
- 4 min read
When you go through a divorce in North Dakota, one of the biggest questions is: “How will the court divide our property?”
Whether you live in Bismarck, Minot, Dickinson, Williston, or Fargo, the process is guided by one core principle — equitable distribution. But “equitable” doesn’t always mean “equal.” Here’s how judges in North Dakota courts decide property division and what factors can shape the outcome.
North Dakota Uses Equitable Distribution — Not 50/50 Splits
North Dakota follows the legal standard of equitable distribution, outlined in North Dakota Century Code § 14-05-24. This means the court divides property in a way that is fair, not necessarily equal.
Judges look at the overall circumstances of both spouses rather than simply splitting everything down the middle.
This distinction matters — because depending on your case, a fair division might result in something other than a 50/50 split.
The Ruff-Fischer Guidelines: ND’s Standard for Fairness
To determine what’s “equitable,” North Dakota courts apply the Ruff-Fischer guidelines, which come from two long-standing Supreme Court cases (Ruff v. Ruff and Fischer v. Fischer). These factors include:
Duration of the marriage
Age, health, and earning ability of each spouse
Conduct during the marriage (in limited cases)
Station in life and financial circumstances
Value and nature of the property
Whether the property was acquired before or during the marriage
Each spouse’s contributions, including homemaking, child-rearing, or supporting the other spouse’s career
No one factor controls the outcome — the judge weighs them all together.
Marital vs. Separate Property in ND Divorces
Even though the court can divide all property if fairness requires it, North Dakota still distinguishes between marital and separate property:
Marital property: assets and debts acquired during the marriage (such as homes, vehicles, income, retirement accounts).
Separate property: assets one spouse owned before marriage or received individually through inheritance or gift.
But if separate property is commingled with marital funds — for example, depositing an inheritance into a joint bank account — it can lose its separate status.
How ND Courts Value Property and Debt
Before dividing property, the court determines its value. This includes:
Real estate appraisals for homes, farmland, or rental property
Financial statements for bank accounts and investments
Retirement account valuations for pensions, 401(k)s, and IRAs
Debt verification for credit cards, loans, or mortgages
In Burleigh County or Ward County divorce cases, it’s common for both sides to hire financial experts or appraisers to ensure an accurate valuation before trial.
Special Considerations in Property Division ND Cases
1. Farms, Ranches, and Family Businesses
In areas like Dickinson, Williston, and rural counties, many divorces involve agricultural or business property. Courts often try to keep family operations intact, awarding the business or farm to one spouse while balancing the value with other assets.
2. Retirement Accounts
Retirement assets are divided using a Qualified Domestic Relations Order (QDRO) to ensure compliance with federal law and to avoid tax penalties.
3. Marital Misconduct or Financial Waste
While North Dakota is a no-fault divorce state, evidence of intentional asset waste or hiding funds can affect property division if one spouse’s actions were financially harmful.
Can You Avoid a Court Battle Over Property?
Yes — and most people do. Many North Dakota couples reach a property settlement agreement through negotiation or mediation.
Once both parties agree, the court will typically approve it as part of the final divorce decree. This approach can save time, reduce costs, and allow you to maintain more control over the outcome.
How an Experienced ND Divorce Attorney Helps
Because “equitable” can mean different things in every case, having a skilled North Dakota divorce attorney matters. A lawyer can help:
Identify and document all assets and debts
Protect inheritances, premarital property, or business interests
Work with appraisers or financial experts
Negotiate a fair property settlement or advocate in court
At Heartland Law Office, we represent clients in Bismarck, Minot, Williston, Dickinson, and across North Dakota, helping them protect their financial future during divorce.
With nearly 20 years of legal experience, attorney Patrick Waters understands how local judges interpret the Ruff-Fischer factors — and how to build the strongest case for a fair outcome.
Frequently Asked Questions About Property Division ND
Q: Does ND law split everything 50/50 in a divorce?
A: No. North Dakota follows equitable distribution, which means the court divides property fairly based on the circumstances of each case.
Q: What happens to property I owned before marriage?
A: Property owned before marriage may stay with you, but if it was mixed with marital funds or used for marital purposes, it can be divided.
Q: How are farms or family businesses divided in ND?
A: Courts aim to keep farms or businesses intact, often awarding them to one spouse and compensating the other with different assets.
Q: Can we agree on property division ourselves?
A: Yes. You and your spouse can negotiate or mediate a settlement, and the court will typically approve it if it’s fair and complete.
Q: How long does the property division process take?
A: It depends on the complexity of your assets and whether you settle or go to trial. Simple cases can resolve in months; complex ones may take longer.
Internal Links
External Links
This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.
Comments