Twin Cities Divorce Attorneys & Lawyers

As part of a divorce, you will need to go through the difficult process dividing the property acquired before and during the marriage. The first step involves a determination of what is "marital" and what is "non-marital."

"Marital property" means property acquired by the parties during the existence of the marital relationship. All property acquired by either spouse during the marriage is presumed to be marital property regardless of whether title is held individually or by the spouses in a form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property.

The presumption of marital property is overcome by a showing that the property is non-marital property. "Non-marital property" involves property acquired by either spouse before, during, or after the existence of their marriage, which:

• Is acquired as a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse;
• Is acquired before the marriage;
• Is acquired by a spouse after the valuation date; or
• Is excluded by a valid prenuptial agreement.

Call us today at 763.323.6555 or contact us by e-mail to schedule a free consultation. Protect your rights if you're facing divorce.

 "Equitable" Distribution of Property

Marital property is divided equitability - almost always equally. If an unequal distribution is contemplated by the court, the factors utilized in the decision include:

• The length of the marriage;
• Any prior marriage of a party;
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party;
• The contribution of each in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property; and
• The contribution of a spouse as a homemaker.

Property is rarely divided physically. Rather, an asset is valued by an appraiser and each party receives a portion of the value. This may involve trading one piece of property for another, selling the property and dividing the proceeds or one spouse paying the other a cash settlement in exchange for their interest.

Client Testimonial: "I had a great experience working with the Brown Law Offices, P.A. I especially appreciated how Jason took the time to understand the history of my case and listened to all of my concerns. Jason always made me feel like my case was important to him and he took the time to answer all of my questions. His thorough research and quality writing resulted in a great outcome for me. Based on my experience, I would highly recommend Jason and his team." - Karen B., Lino Lakes, Minnesota

Contact Us for a Free Consultation

If you're facing property or debt allocation issues, we know you have many unanswered questions. The sooner you involve a lawyer, the better able we will be to gather evidence and address other important elements of your case. Contact our Minnesota family law firm now at 763.323.6555 to schedule a free consultation with one of our experienced property and debt division attorneys.

Twin Cities Property & Debt Division  Lawyers & Attorneys

Our Minnesota property and debt division attorneys represent clients from throughout the Minneapolis metropolitan area, including the city of Albertville, Andover, Anoka, Arden Hills, Becker, Blaine, Brooklyn Center, Brooklyn Park, Buffalo, Champlin, Circle Pines, Columbia Heights, Coon Rapids, Crystal, Dayton, East Bethel, Elk River, Fridley, Golden Valley, Ham Lake, Hopkins, Independence, Lino Lakes, Maple Grove, Medina, Melrose, Minneapolis, Minnetonka, Minnetrista, Monticello, Mound, New Hope, Norwood Young America, Oak Grove,  Orono, Otsego, Plymouth, Princeton, Ramsey, Richfield, Robbinsdale, Rockford, Rogers, Shorewood, Spring Lake Park, St. Francis, St. Louis Park, St. Michael, Wayzata and Zimmerman.

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