N.D. Cent. Code » Chapter t14c07
North Dakota Century Code

N.D. Cent. Code § 14-07-04 (2026)

Separate property - Rights and privileges

✓ current as of May 2026
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Except as otherwise provided by section 14-07-03, neither the husband nor the wife has any interest in the property of the other, but neither can be excluded from the other's dwelling.

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14-07-05. Rights and liabilities of married person. Any person after marriage has with respect to property, contracts, and torts the same capacity and rights and is subject to the same liabilities as before marriage, including liability to suit by the person's spouse. In all actions by or against a married person, the married person shall sue and be sued in the person's own name.

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Notes of Decisions
Cited in 6 cases, 1966–2020 · leading case: Est. of Albrecht, 2020 ND 27 (N.D. 2020).
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Est. of Albrecht, 2020 ND 27 (N.D. 2020). · cites it 2× “See N.D.C.C. § 14-07-04. A married couple may also own personal property as joint tenants or tenants in common.”
Am. Stand. Life & Accident Ins. Co. v. Speros, 494 N.W.2d 599 (N.D. 1993). · cites it 2× “Section 14-07-04, NDCC, negates community property principles in domestic relations by stating, “Separate property — Rights and privileges.”
Bellon v. Bellon, 237 N.W.2d 163 (N.D. 1975). · cites it 3× “He claims that § 14-07-04, NDCC, and this court’s holding in Fleck v.”
Higgins v. Trauger, 2001 ND 149 (N.D. 2001). · cites it 2× “, N.D.C.C. §§ 14-07-04, 14-07-05, 14-07-06, 14-07-08, and the public policy to preserve the separate legal existence of spouses with respect to their persons and property.”
Johnson v. Davis, 140 N.W.2d 703 (N.D. 1966). · cites it 2× “1905 (now Section 14-07-04, N.D. C.C. 2 ) gave a statutory property interest as an additional matter for equitable regulation and cognizance.”
Kip M. Kaler v. Anne Craig (8th Cir. 1998). “See N.D. Cent. Code § 14-07-04 (1997). Accordingly, we conclude that account no.”
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