Why the house is often the most contested asset in a Minnesota divorce
For many couples, the family home is both the most valuable asset and the one with the most emotional attachment. In a Minnesota divorce, the question of whether one spouse can keep the house depends on property division laws, financial factors, and the overall divorce settlement.
At Martine Law, we help clients protect their rights and work toward fair outcomes when dividing marital property, including the home.
Minnesota’s property division rules
Minnesota is an equitable distribution state. This means the court divides marital property fairly, but not always equally. Property is generally classified as:
- Marital property – assets acquired by either spouse during the marriage, including the home if purchased while married
- Non-marital property – assets owned before marriage or received as a gift or inheritance to one spouse only
If the home is marital property, it will be subject to division.
When one spouse may get the house
A court may award the house to one spouse if:
- That spouse can buy out the other spouse’s share of the home’s equity
- Keeping the home serves the best interests of the children, such as maintaining stability in their school district
- The other spouse agrees to give up their share in exchange for other assets (like retirement accounts or cash)
- The home was non-marital property, proven by clear documentation
Financial considerations
Even if the court awards you the home, you must be able to:
- Afford the mortgage payments, property taxes, insurance, and maintenance on your own
- Refinance the mortgage to remove your spouse’s name if required
- Pay any equity owed to your spouse as part of the settlement
When the court orders the house sold
If neither spouse can afford the home or if both want to cash out their share, the court may order the house to be sold. The proceeds are then divided according to the divorce agreement.
How a Minnesota divorce lawyer can help
A Minnesota property division attorney can:
- Determine whether the home is marital or non-marital property
- Negotiate buyouts or trade-offs to help you keep the home
- Present evidence showing why staying in the home benefits the children
- Protect your financial interests throughout the process
Key takeaways
- In Minnesota, one spouse can keep the house if they can afford it and the property division is fair.
- The court considers marital vs. non-marital status, children’s needs, and financial ability.
- Legal representation is essential to protect your rights and reach the best outcome.
Dividing property in a Minnesota divorce?
We guide clients through property division to ensure fairness and protect what matters most.
Contact Martine Law for a confidential consultation.