Title 14 — Domestic Relations and Persons
48 chapters · 709 sections in this title.
N.D.C.C. § 14-07-01 Mutual obligations
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Husband and wife contract toward each other obligations of mutual respect, fidelity, and support.
N.D.C.C. § 14-07-02 Head of family
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Repealed by S.L. 1979, ch. 195, § 1.
N.D.C.C. § 14-07-03 Duty to support
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The husband and wife have a mutual duty to support each other out of their individual property and labor.
N.D.C.C. § 14-07-04 Separate property - Rights and privileges
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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.
N.D.C.C. § 14-07-05 Rights and liabilities of married person
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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 pers…
N.D.C.C. § 14-07-06 Contracts between husband and wife and third persons as to property
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Either husband or wife may enter into any engagement or transaction with the other or with other persons respecting property which either might enter into if unmarried.
N.D.C.C. § 14-07-07 Contracts to alter marital relations
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A husband and wife cannot by any contract with each other alter their marital relations, except that they may agree in writing to an immediate separation and may make provision for the support of either of them and of their children during such separation. The mutual consent of t…
N.D.C.C. § 14-07-08 Separate and mutual rights and liabilities of husband and wife
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The separate and mutual rights and liabilities of a husband and a wife are as follows: 1. Neither the husband nor the wife as such is answerable for the acts of the other. 2. Except for necessary expenses as provided in subsection 3, the earnings of one spouse are not liable for …
N.D.C.C. § 14-07-09 Curtesy and dower extinguished
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No estate is allowed the husband by curtesy upon the death of his wife and no estate in dower is allotted to the wife upon the death of her husband.
N.D.C.C. § 14-07-10 Mutual liability for necessaries
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The parties to a marriage are mutually liable to any person who in good faith supplied either party with articles necessary for their support. Such persons may recover the reasonable value from either party except in the cases when by law one party is not liable for the support o…
N.D.C.C. § 14-07-11 Spouse liable for support - Exception
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An abandoned spouse is not liable for the support of the other spouse unless there is an offer to return on the part of the abandoning spouse or the abandonment is justified by misconduct. A party is not an abandoned spouse if the other party resides elsewhere for medical or beha…
N.D.C.C. § 14-07-12 Transfer of property when abandoned or imprisoned
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In case the husband or wife abandons the other and removes from the state and is absent therefrom for one year without providing for the maintenance and support of that person's family, or is sentenced to imprisonment either in the county jail or penitentiary for the period of on…
N.D.C.C. § 14-07-13 Contracts made under power given by court binding on both parties
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All contracts, sales, or encumbrances made either by the husband or the wife by virtue of the power contemplated and granted by order of the court as provided in section 14-07-12 are binding on both, and during such absence or imprisonment, the person acting under such power may …
N.D.C.C. § 14-07-14 When order for transfer may be set aside
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The husband or wife affected by the proceedings contemplated in sections 14-07-12 and 14-07-13 may have the order or decree of the court set aside or annulled by affidavit of such party, setting forth fully the facts and supported by such other testimony as the court shall deem p…
N.D.C.C. § 14-07-15 Abandonment or nonsupport of child - Penalty
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1. Every parent or other person legally responsible for the care or support of a child who wholly abandons the child or willfully fails to furnish food, shelter, clothing, and medical attention reasonably necessary and sufficient to meet the child's needs is guilty of a class C f…
N.D.C.C. § 14-07-16 Abandonment or nonsupport of spouse - Penalty
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Every husband or wife who, without lawful excuse, deserts that person's spouse with intent wholly to abandon that spouse or who willfully fails to furnish such food, shelter, clothing, and medical attention as is reasonably necessary and sufficient to keep the life of the spouse …
N.D.C.C. § 14-07-17 Presumption of intent to abandon
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Desertion or a failure to support a child or pregnant wife for a period of three months is presumptive evidence of intention wholly to abandon.
N.D.C.C. § 14-07-18 Penalty for abandonment and nonsupport
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 14-07-19 Bond may be given in lieu of punishment
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In a prosecution for desertion or for nonsupport, before the trial and with the consent of the defendant, or at the trial, on the entry of a plea of guilty, or after conviction, instead of imposing the penalty, or in addition to the penalty, the court in its discretion, having re…
N.D.C.C. § 14-07-20 Conditions of bond
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The bond given in lieu of or in addition to the punishment for abandonment or nonsupport must provide that the defendant shall furnish a spouse or child with proper food, shelter, clothing, and medical attention for such a period, not exceeding five years, as the court may order.…
N.D.C.C. § 14-07-21 Violation of conditions of bond - Who may sue on breach
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Upon the filing of an affidavit showing the violation of the conditions of a bond given in lieu of or in addition to the punishment for nonsupport or desertion, the accused shall be heard upon an order to show cause. If the charges are sustained, the court may proceed with the tr…
N.D.C.C. § 14-07-22 Evidence required to prove relationship
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In any prosecution for desertion or failure to support a wife, husband, or child, no other or greater evidence is required to prove the relationship of the defendant to such wife, husband, or child than is or shall be required to prove such relationship in a civil action.