HB47 (2008) Detail

Exempting inheritances from marital assets for purposes of divorce settlements.


HB 47 – AS INTRODUCED

2007 SESSION

07-0227

05/01

HOUSE BILL 47

AN ACT exempting inheritances from marital assets for purposes of divorce settlements.

SPONSORS: Rep. Nowe, Rock 9; Rep. B. Williams, Graf 8; Rep. Gionet, Graf 3

COMMITTEE: Children and Family Law

ANALYSIS

This bill excludes property acquired by gift, bequest, devise, or descent from the marital assets for the purpose of calculating the property settlement in a divorce proceeding.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0227

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT exempting inheritances from marital assets for purposes of divorce settlements.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Annulment, Divorce and Separation; Property Settlement; Inheritance Excluded. Amend RSA 458:16-a, I to read as follows:

I. Property shall include all tangible and intangible property and assets, real or personal, belonging to either or both parties, whether title to the property is held in the name of either or both parties, except that such property shall not include property acquired by gift, bequest, devise, or descent. Intangible property includes, but is not limited to, employment benefits, vested and non-vested pension or other retirement benefits, or savings plans. To the extent permitted by federal law, property shall include military retirement and veterans' disability benefits.

2 Annulment, Divorce and Separation; Property Settlement; Inheritance Excluded. Amend RSA 458:16-a, II(n) and (o) to read as follows:

(n) [The value of any property acquired by gift, devise, or descent.

(o)] Any other factor that the court deems relevant.

3 Effective Date. This act shall take effect January 1, 2008.