New Hampshire Marital Property Laws for Debt Collectors & Judgment Creditors
New Hampshire is a common law property state with no tenancy by the entirety and NO general homestead exemption — one of only a handful of states offering no protection to home equity from unsecured creditors. Every dollar of New Hampshire real estate equity is directly accessible to judgment creditors. Combined with no TBE and standard 25% wage garnishment, New Hampshire is one of the most creditor-favorable states in New England for real property enforcement.
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Table of Contents
- New Hampshire Marital Property Overview
- No TBE + No Homestead — Maximum Real Property Exposure
- Common Law Property Rules
- Spousal Liability for Debts
- New Hampshire Wage Garnishment Rules
- Judgment Liens on Real Property
- Bank Levies & Personal Property
- New Hampshire Property Exemptions
- Skip Tracing Married Debtors in New Hampshire
- Step-by-Step Enforcement Roadmap
- Frequently Asked Questions
- Related Resources
🏔 New Hampshire Marital Property: The Creditor’s Overview
New Hampshire is a common law property state governed by the New Hampshire Revised Statutes Annotated (N.H. RSA). New Hampshire stands out as one of the most creditor-favorable real property enforcement states in the nation: no tenancy by the entirety AND no general homestead exemption. Every dollar of New Hampshire real estate equity is directly encumbered by a judgment lien — from the first dollar on the primary residence to the full value of vacation and investment properties.
New Hampshire’s southern tier (Hillsborough, Rockingham, Merrimack counties) is a Boston bedroom community with high real estate values and strong wages. The Lakes Region (Belknap County, Ossipee area) and White Mountains (Carroll County) hold valuable vacation and second-home real estate. New Hampshire’s 3-year SOL on written contracts is short — creditors must act quickly to preserve claims.
🚫 No TBE + No Homestead — Maximum Real Property Exposure
New Hampshire’s combination of no TBE and no homestead exemption creates the maximum possible real property exposure for judgment debtors. No other New England state matches this combination. Massachusetts has strong TBE and a $500,000 homestead. Maine has no TBE but a $47,500 homestead. New Hampshire has neither protection.
New Hampshire: Dual No-Protection Structure — Strongest Real Property Enforcement in New England
- No TBE: Jointly held marital real estate not shielded from single-spouse creditor claims
- No homestead: Primary residence equity is fully exposed from the first dollar
- A $400,000 Nashua home with $200,000 equity has ALL $200,000 reachable — no offset
- A $600,000 Lake Winnipesaukee vacation property has its entire equity reachable
- A $300,000 Manchester duplex has its entire equity reachable
- Joint bank accounts: debtor’s proportionate share reachable — no TBE
- New Hampshire has NO income tax — wages not subject to state income intercept, but federal CCPA wage garnishment is fully available
- Contrast with neighboring Vermont (no TBE but $125K homestead), Maine (no TBE but $47.5K homestead), Massachusetts (TBE + $500K homestead)
⚖️ Common Law Property Rules for Creditors
| Asset Type | Creditor Reach | Notes |
|---|---|---|
| Debtor’s wages | 25% garnishable | Federal CCPA; NH uses “trustee process” terminology |
| Individual bank account | Fully reachable | Trustee process served on financial institution |
| Joint bank account | Debtor’s share reachable | No TBE for NH bank accounts |
| Primary residence | Fully reachable — no homestead | Every dollar of equity exposed — unique in New England |
| Jointly held real estate | Debtor’s share reachable (no TBE) | Lakes Region, White Mountains vacation property directly reachable |
| Investment / rental property | Fully reachable | No homestead, no TBE — entire equity accessible |
| Vehicle (individually titled) | Reachable above $4,000 | $4,000 vehicle exemption (one vehicle) |
👩⚖️ Spousal Liability for Debts in New Hampshire
New Hampshire common law generally protects each spouse from the other’s individual debts. N.H. RSA 546-A et seq. creates mutual liability for certain family expenses and necessaries.
- 📄Joint contracts — both spouses co-signed
- 🏥N.H. RSA 546-A — mutual liability for family necessaries including medical care and household expenses
- 💳Joint credit accounts — both spouses named account holders
- 🏠Joint mortgage — both spouses signed promissory note and mortgage deed
- 💼Joint business guarantees
💰 New Hampshire Wage Garnishment Rules
New Hampshire uses “trustee process” (N.H. RSA 512) for wage garnishment and bank account levies — the same terminology used in Maine and Massachusetts, treating the employer or bank as the “trustee” holding the debtor’s assets. Standard 25% of disposable earnings applies. New Hampshire has no income tax on wages (only investment income was previously taxed under the Interest and Dividends Tax, which has been phased out), so there is no state income tax intercept mechanism.
New Hampshire Wage Garnishment: Key Rules
- Standard 25% of disposable earnings (federal CCPA applies)
- No New Hampshire head-of-household super-exemption for consumer debts
- “Trustee process” — employer is the “trustee” holding debtor’s wages
- Trustee summons served on employer through superior or district court
- New Hampshire has no state income tax on wages — no state income intercept mechanism
- Major New Hampshire employers: BAE Systems (Nashua — major defense electronics contractor), Dartmouth Health (Lebanon), Fidelity Investments (southern NH operations), Insight Direct, Liberty Mutual (southern NH), PC Connection (Merrimack), DEKA Research (Manchester — Dean Kamen’s innovation lab), UNH (Durham), Dartmouth College (Hanover), Southern New Hampshire University, Elliot Health System
- Southern NH corridor (Nashua, Manchester, Salem, Hudson): Boston bedroom community — thousands of Boston-area workers living in NH for tax reasons (no state income tax on wages) with high wages
- BAE Systems Nashua: major defense electronics and shipbuilding systems employer — highly paid engineers and defense professionals
- Fidelity Investments southern NH presence: financial services workers with strong compensation
New Hampshire: No TBE + No Homestead = Maximum Real Estate Enforcement in New England
No homestead means primary residences are fully exposed. No TBE means jointly held vacation and investment properties are directly reachable. Act before the 3-year SOL expires. Results in 24 hours.
🔍 Start New Hampshire Skip Trace Now🏠 Judgment Liens on New Hampshire Real Property
New Hampshire judgment liens are created by recording a certified attested copy of the judgment with the Registry of Deeds in each county where the debtor owns real property (N.H. RSA 524:4). New Hampshire has 10 counties. With no homestead and no TBE, every New Hampshire property in the debtor’s name or jointly held encumbers its full equity from the first dollar.
- Act before the 3-year SOL expiresNew Hampshire’s 3-year SOL on written contracts is among the shortest in New England. Obtain judgment and record lien promptly. For out-of-state judgments, domesticate in New Hampshire Superior Court under N.H. RSA 524:5 et seq.
- Record certified judgment in each county Registry of DeedsNew Hampshire has 10 counties. File in each county where the debtor holds real property. With no homestead and no TBE, every recorded lien encumbers the property’s full equity from dollar one. Southern NH (Hillsborough and Rockingham counties) anchor the highest-value real estate markets.
- No homestead — primary residences fully exposedUnlike virtually every other state, New Hampshire provides zero homestead protection. A primary residence with $300,000 in equity has the entire $300,000 reachable. Record the lien and monitor for sale, refinancing, or pursue forced sale proceedings if judgment amount justifies it.
- No TBE — jointly held property directly accessibleLakes Region, White Mountains, and Seacoast vacation properties held jointly by married couples are directly reachable for the debtor’s proportionate share. No TBE shield.
- Renew before 6-year expirationNew Hampshire judgment liens are valid for 6 years and renewable (N.H. RSA 524:4).
🏢 Bank Account Levies & Personal Property in New Hampshire
- 📋File trustee process petition in Superior or District Court after judgment entry
- 🏢Serve trustee summons on financial institutions to freeze and levy accounts
- 👥Joint bank accounts: debtor’s proportionate share reachable — no TBE for NH bank accounts
- 💵Federal benefits: protected for 2 months of direct deposits under federal law
- 💰Non-wage deposits (investment income, rental income, business distributions) fully reachable
- 😉New Hampshire has no state income tax on wages — no state tax refund intercept mechanism, but investment income was previously taxable
🛡️ New Hampshire Property Exemptions
| Exemption Type | Protected Amount | Key Notes |
|---|---|---|
| 🏠 Homestead | None | New Hampshire provides NO general homestead exemption — all real estate equity reachable |
| 💼 Wages | 75% (25% garnishable) | Federal CCPA; NH trustee process; no state income tax on wages |
| 🚘 Motor Vehicle | $4,000 equity | N.H. RSA 511:2 — one vehicle exemption |
| 🛍️ Household goods | $3,500 total | N.H. RSA 511:2 — furniture, clothing, appliances |
| 🔧 Tools of trade | $5,000 | Implements for debtor’s occupation or trade |
| 💰 Federal benefits | Unlimited | Social Security, SSI, VA |
| 👴 Retirement accounts | Unlimited | ERISA-qualified and NH state retirement (NHRS) |
| 💊 Life insurance | $5,000 cash value (to spouse/children) | N.H. RSA 408:1 — limited cash value protection |
| 😸 Pets | One domestic animal (cat or dog) | NH specifically exempts one pet from execution |
🔍 Skip Tracing Married Debtors in New Hampshire
New Hampshire’s 10 counties are anchored by the southern population corridor (Hillsborough County/Manchester & Nashua, Rockingham County/Salem & Portsmouth) and the Merrimack Valley (Merrimack County/Concord). The Lakes Region (Belknap County/Laconia), White Mountains (Carroll and Grafton counties), and Seacoast (Strafford County/Dover & Rochester, Rockingham County/Portsmouth) all hold valuable recreational and residential real estate. New Hampshire’s no-homestead rule makes every property search inherently high-value.
📋 Step-by-Step: Collecting from a Married New Hampshire Debtor
- Act before New Hampshire’s 3-year SOL expiresNew Hampshire’s 3-year statute of limitations on written contracts (N.H. RSA 508:4) is the shortest in New England. File suit and obtain judgment promptly. For existing judgments, domesticate in NH Superior Court quickly. See our foreign judgment guide.
- Record judgment lien in each relevant county Registry of DeedsFile certified attested judgment copy in all 10 New Hampshire counties where the debtor holds real property. No homestead means every property’s full equity is encumbered immediately. No TBE means jointly held real estate is also directly accessible. Use our judgment lien guide.
- Initiate trustee process wage garnishmentStandard 25% CCPA via trustee summons served on employer. BAE Systems Nashua (defense engineers), Fidelity Investments, Dartmouth Health, and southern NH’s Boston commuter workforce are high-income targets. No head-of-household exemption.
- Serve trustee summons on financial institutionsJoint bank accounts reachable for debtor’s share — no TBE. Non-wage deposits fully reachable. Time service after payday. See our asset levy guide.
- Consider forced sale proceedings for primary residencesWith no homestead exemption, even a debtor’s primary residence is fully accessible. When judgment amount is substantial and property equity is high, forced sale proceedings become viable. Consult New Hampshire counsel on Superior Court foreclosure/execution procedures.
Frequently Asked Questions
🏔 Ready to Enforce Your New Hampshire Judgment?
No TBE and no homestead exemption make New Hampshire the most creditor-favorable state in New England for real property enforcement. Every dollar of NH real estate equity is accessible. Act before the 3-year SOL — results in 24 hours or less.
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