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Is North Dakota a community property state?

No. North Dakota is not a community property state. When a divorce is granted, the court makes an equitable distribution of the spouses' property and debts.[1]

Property system
Equitable

Division under N.D.C.C. § 14-05-24(1)[1]

At divorce
Equitable distribution

The court sets the split under this standard · N.D.C.C. § 14-05-24(1)[1]

What North Dakota’s statutes say

  1. Dividing property at divorce

    When a divorce is granted, the court must make an equitable distribution of the spouses' property and debts.[1]

    “When a divorce is granted, the court shall make an equitable distribution of the property and debts of the parties.”[1]

    N.D.C.C. § 14-05-24(1) · checked October 26, 2026

We didn’t find a statutory definition of marital or separate property in the North Dakota text we read, so none is quoted here.

Not legal advice. Plain-English summaries of North Dakota’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 North Dakota.

Dividing property in North Dakota? Work it out with a court-listed mediator

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Divorce in North Dakota

Sources

North Dakota’s statutes, read on the official site (or an official court source where the line says so), with the date we checked them.

  1. N.D.C.C. § 14-05-24(1) (North Dakota Legislative Branch)ndlegis.govchecked ↩