New Hampshire Divorce With a House — Your Options (2026)

Your home is often your largest marital asset. In New Hampshire, the Marital Settlement Agreement controls what happens to it.

Is the House Marital or Separate Property?

Purchased during the marriage with marital funds: Marital property — subject to equitable distribution.

Owned by one spouse before the marriage: Separate property — BUT marital mortgage payments may create a marital equity component that should be addressed.

Inherited or gifted to one spouse: Separate property — document carefully.

Option 1 — One Spouse Keeps the House

MSA must include:

• Full property address and legal description
• Agreed fair market value (appraisal recommended)
• Mortgage balance; marital equity calculation
• Each spouse's equitable share under RSA 458:16-a
• Buyout: Keeping spouse pays or offsets the other's equitable share
• Mandatory refinancing deadline: Keeping spouse must refinance into sole name within [X] days — removes vacating spouse from mortgage liability
• Fallback provision: If refinancing fails, home listed for sale
• Quitclaim Deed from vacating spouse to keeping spouse

Recording the Deed in New Hampshire

1. Prepare a Quitclaim Deed (or Warranty Deed)
2. Execute and notarize
3. Record at the NH Registry of Deeds of the county where the property is located
4. Fee: ~$20–$30 per document
5. Transfer tax: NH imposes a real estate transfer tax. Divorce-related transfers between spouses may qualify for an exemption — confirm with the Registry of Deeds and an attorney.

Option 2 — Sell and Split the Proceeds

MSA must include:

• Net proceeds split percentage (equitable share of marital equity after mortgage payoff and closing costs)
• Timeline for listing after Final Decree
• Agent selection
• Occupancy and carrying costs during listing
• Price reduction authorization
• Minimum acceptable price
• Capital gains allocation

Option 3 — Deferred Sale (With Children)

Courts may award the custodial parent temporary exclusive use of the marital home in cases with children (RSA 458:16-a(II)(k)).

MSA must include:

• Triggering event (youngest child turns 18, or specific date)
• Occupying parent responsible for all carrying costs (mortgage, taxes, insurance, maintenance)
• Non-occupying spouse's equity protection
• Capital improvement approval and cost-sharing
• Sale process at triggering event

Last reviewed: March 2026 | Equitable distribution (RSA 458:16-a) | Refinancing deadline essential | NH Registry of Deeds — county-level recording | Transfer tax — confirm exemption | Fallback sale provision | courts.state.nh.us/forms/nhjb-forms.htm

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.