Interspousal Remedies

Interspousal Remedies. (a) A spouse has a claim against the other spouse for breach of the duty of good faith imposed by 8 CMC § 1814 resulting in damage to the claimant spouse’s present undivided one-half interest in marital property. (b) A court may order an accounting of the property and obligations of the spouse and may determine rights of ownership in, beneficial enjoyment of, or access to, marital property and the classification of all property of the spouses. (c) A court may order that the name of a spouse be added to marital property held in the name of the other spouse alone, except with respect to: (1) A partnership interest held by the other spouse as a general partner; (2) An interest in a professional corporation, professional association, or similar entity held by the other spouse as a stockholder or member; (3) An asset of an unincorporated business if the other spouse is the only spouse involved in operating or managing the business; or (4) Any other property if the addition would adversely affect the rights of a third person. (d) A court may award damages and any other just and equitable relief. (e) Except as provided otherwise in 8 CMC §§ 1821(e) and 1822(b), a spouse must commence an action against the other spouse under subsection (a) of this section not later than three years after acquiring notice of the facts giving rise to the claim. Source: PL 7-22, § 18.