How Is Property Divided in a Divorce in Minnesota?

Divorces are an incredibly stressful time for most couples, and having to go through the court to divide your marital property only adds to that stress. Many couples find themselves asking, “How is property divided in a divorce in Minnesota?”

It’s vital to hire a property division lawyer to explain the complexities of Minnesota property division laws. They can also make sure your rights aren’t being violated.

Experienced Divorce Lawyer in Minnesota

Here at Santana Law PLLC, our founding attorney, Ronnie Santana, understands the volatile emotions often involved during divorces. As a longtime Minnesota resident, he’s dedicated his life to protecting his community’s legal rights.

Mr. Santana has deep experience working as a prosecutor. This experience has grown his understanding of the common tactics used by the other side during legal proceedings. He’s passionate about making sure his clients are fully informed during the entirety of their property division cases.

Types of Property in Minnesota Marriages

As of 2022, Minnesota had a divorce rate of 10.91 divorces per 1,000 residents. Property division is often the most highly contested between a couple who don’t already have a prenuptial or postnuptial agreement in place. In Minnesota, these laws are governed by Minnesota Statutes § 518.58.

The court has the final decision on splitting property, making it important to have a skilled lawyer to advocate for you. Property in a marriage is usually defined into two categories:

1. Marital property. This is acquired during the marriage. It can include joint bank accounts, real estate, personal belongings, or retirement accounts.
2. Separate property. This is gained before the marriage. It can also include inheritance or gifts gained during the marriage, as long as it’s made clear that it’s for one spouse only.

Any separate property that is used for the marriage is considered marital property and subject to division by the courts during divorce. This could include money earned before the marriage, which was then used to repair parts of a joint home during the marriage. It could also be an individual inheritance that was deposited into a joint bank account.

How Marital Property Is Divided

The court will only divide marital property, making it vital to accurately keep track of your property. While this can be difficult to do during a marriage since no one expects to get a divorce, it can be helpful to keep detailed records. This can keep your separate property from being mixed with marital property.

When deciding how to divide marital property, the court does so fairly. This doesn’t mean they divide it equally. They also do not factor in any considerations of wrongdoing by either spouse. The court looks at many factors, such as:

• How long the marriage lasted
• Any previous marriages by either spouse
• The age and health of each spouse
• The job, income, and debts of each spouse
• Each spouse’s ability to work and their career skills
• The estimated future income of each spouse
• How much each spouse helped to maintain the marital property, such as by being a homemaker

The average Minnesota home is valued at $351,542, making real estate division stressful for most couples. Since household items in the home are used by both spouses, the court can also decide who keeps what, even if they were owned before the marriage.

Hire a Property Division Lawyer

The outcome of a divorce can affect your entire future. Ronnie Santana of Santana Law PLLC understands how overwhelming this can be. He can provide transparent legal advice throughout your case.

He also has deep ties to the Latino community in Minnesota. His fluency in Spanish and cultural background give him a unique skillset to help them with their legal matters. He understands how language and cultural barriers can make legal proceedings unbalanced, so he works to remove those while providing the representation his clients deserve.

FAQs

Q: Can the Court Sell Our Home or Divide Property Before the Divorce Is Finalized?

A: The court can order the sale of a marital home or other marital property before a divorce is finalized. This is usually done to keep the property safe. The court will also decide what to do with the money from the sale during this time. Also, if there’s a good reason or both spouses agree, the court can let one spouse get some of the shared property before the divorce is finished.

Q: What Happens to My Retirement Accounts and Pensions During a Divorce?

A: The division of a retirement account or pension can only be for the amount the plan says. It is also limited to the time the payments are given to the spouse who gets them. If the spouse who receives the payments dies before getting them all, the leftover money goes to their estate or survivors. Some retirement accounts, like IRAs, might have different rules in their plan documents. If they do, those rules are used instead.

Q: What Happens If One Spouse Doesn’t Have Enough Resources After the Divorce?

A: If one spouse doesn’t have enough money or property, and this would be unfair to them, the court can give them up to half of certain property that usually wouldn’t be shared. The court must explain why it gave that extra property, looking at factors like how long the couple was married, along with their age, health, jobs, and income.

Q: What Happens If My Spouse Hides or Sells Marital Property During Our Divorce Without Permission?

A: During the divorce process, each spouse must be honest and act in good faith with marital property. If one spouse transfers, borrows against, hides, or gets rid of marital property during divorce without the other’s consent, they may be ordered to financially compensate the other spouse. The party claiming that this happened has the responsibility to prove it. The court can assign the full value of the asset and a fair return on it to the spouse who improperly handled it.

Choose a Trusted Property Division Attorney

Here at Santana Law PLLC, our attorney works hard for his Minnesota clients. He understands how serious divorce proceedings are, so he is willing to explore every aspect of your case, making sure your needs and desires are heard and respected. Contact our firm today to discuss your case and learn how he can help.