SB 415 - AS AMENDED BY THE HOUSE

17apr02...3309h

2002 SESSION

02-3154

04/09

SENATE BILL 415

AN ACT relative to the holding of title in residential real property after divorce.

SPONSORS: Sen. Francoeur, Dist 14; Sen. Gordon, Dist 2

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill requires the court to review the manner in which residential real property is held after a divorce and incorporate its findings into the decree of divorce or nullity.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17apr02...3309h

02-3154

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT relative to the holding of title in residential real property after divorce.

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

1 New Paragraph; Annulment, Divorce, and Separation; Property Settlement. Amend RSA 458:16-a by inserting after paragraph III the following new paragraph:

IV.(a) The court shall review the manner in which title to residential real property is held by the parties and incorporate its findings in the decree of divorce or nullity.

(b) The court shall ensure that any agreement between the parties shall be the result of a clear understanding by each party of the legal consequences of the type of title ownership agreed upon. Disposition of the title or titles to residential real property resulting from a decree of divorce or nullity shall be recorded at the registry of deeds in the county where such property is located.

2 Effective Date. This act shall take effect January 1, 2003.