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Property division

In all dissolution of marriage proceedings, the parties are required to divide all of their real and personal property, as well as any joint or individual debt they have acquired during their marriage.

Minnesota is not a community property state. As a result, absent an agreement of the parties, the Court must make an equitable distribution of the property acquired by the parties during their marriage. Unless there is some compelling reason to do otherwise, marital property will be divided equally between the parties.

At times, the valuation of assets such as furnishings, real estate, vehicles, pensions and businesses can be difficult. Expert appraisers or accountants may be required to assist the parties in resolving their differences. When dividing real and personal property, consider the possible taxes or penalties that may result.

The issue of non-marital property frequently arises in marriage dissolution proceedings. Generally, non-marital property is property one party owned prior to the marriage, inherited during the marriage, or was gifted during the marriage with the intention that the gift was for him or her alone.

The person claiming that an item is non-marital, or that it has a non-marital component, has the burden of proving that the item is non-marital, as well as the burden of tracing the history of that item to demonstrate that it still retains its non-marital character.

Distributing assets and debts in marriage dissolution proceedings can be complex and emotional for the parties involved. As a result, it is important for an individual involved in such a proceeding to consult with an experienced family law attorney to guide him or her through the valuation and subsequent distribution of the marital estate.