Is New Hampshire a community property state?
No. New Hampshire is not a community property state. The court may divide all property of either spouse equitably and presumes an equal division is equitable unless listed factors make it inappropriate.[1]
- At divorce
- Equal by default
The statute’s starting point is a 50/50 split · N.H. Rev. Stat. Ann. § 458:16-a(II)[1]
What New Hampshire’s statutes say
Dividing property at divorce
The court may order an equitable division of property and presumes that an equal division is equitable unless it finds, after weighing listed factors, that equal division would not be appropriate or equitable.[1]
“When a dissolution of a marriage is decreed, the court may order an equitable division of property between the parties. The court shall presume that an equal division is an equitable distribution of property …”[1]
N.H. Rev. Stat. Ann. § 458:16-a(II) · checked October 26, 2026
We didn’t find a statutory definition of marital or separate property in the New Hampshire text we read, so none is quoted here.
Not legal advice. Plain-English summaries of New Hampshire’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in New Hampshire.
More
Compare nearby states
- Massachusetts · equitable distribution
- Maine · equitable distribution
- Vermont · equitable distribution
Sources
New Hampshire’s statutes, read on the official site (or an official court source where the line says so), with the date we checked them.