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Property Division

Fair and Equitable

Divorce is not simply the end of a marriage but also the division of two entire lives. Under Minnesota law, the court must make a just and equitable division of all marital debts and assets. In many cases, an equitable property division can be an equal division of debts and assets. However, a variety of factors may impact what a court ultimately determines to be an equitable property division. At Arnold & Rodman PA, we understand that division of property can be a complex, stressful, and highly litigated aspect of any divorce case, and our attorneys will work with you personally through every step of the process as you gather, analyze, and present your property division claim.

Minnesota Marital & Non-marital Property Division

In Minnesota, all property or debt acquired after the marriage and before the valuation date is presumed to be marital property and subject to division at the time of divorce regardless of title.  For example, property held in only one spouse’s name can be considered marital property if it was acquired during the marriage. However, it may be possible to claim certain property as non-marital if it was acquired prior to the marriage, or otherwise gifted and/or inherited during the marriage.

If either spouse can prove that part of the parties’ estate is considered non-marital property, that property will normally not be subject to division as part of the marital estate.

Real or personal property acquired before, during, or after the marriage can be considered non-marital
property if:

  1. Acquired as a gift, bequest, devise, or inheritance from a third party
  2. Acquired before the marriage
  3. Acquired after the valuation date
  4. Excluded by a valid antenuptial agreement.

The attorneys at Arnold & Rodman PA are adept at analyzing and preparing both marital and non- marital property claims to be presented in a clear and concise manner so the court can properly evaluate even the most complex matters of property division.

When Experience Matters Most

If you have a claim to nonmarital property, it is crucial that the non-marital interest be traced and defined to the furthest extent possible for the court to comprehend it and rule appropriately. Arnold & Rodman PA provides its clients with the support and legal experience necessary to help sufficiently examine and analyze the marital estate, and skillfully advocate for the fairest division of property possible.