Introduction
Divorce isn’t just an emotional process — it’s a financial one. One of the most critical parts of any divorce in Minnesota is property division, and if you’re not careful, you could walk away with far less than what you’re legally entitled to.
To protect yourself, you need a clear understanding of what’s included, how Minnesota law works, and what steps you should take.
This checklist, built by the attorneys at Martine Law, outlines everything you need to know and do when dividing property during a Minnesota divorce.
Understanding Property Division Laws in Minnesota
Minnesota is an equitable distribution state — not a community property state. That means marital property is not necessarily split 50/50, but rather divided fairly based on:
- Length of the marriage
- Contributions of each spouse (financial and non-financial)
- Earning capacity
- Age and health
- Custodial parent status
The court aims for fairness, not equality.
Step 1: Identify All Property
The first thing you and your attorney should do is list all assets owned by you and your spouse. This includes:
Tangible Property
- Home (primary residence and vacation properties)
- Vehicles (cars, motorcycles, boats)
- Furniture and electronics
- Jewelry and collectibles
- Tools or machinery
Financial Accounts
- Checking and savings accounts
- Retirement accounts (401(k), IRA, pension)
- Investment accounts (stocks, mutual funds, crypto)
- Health Savings Accounts (HSAs)
Business Interests
- Sole proprietorships
- Partnerships
- LLCs or corporations
- Business equipment or real estate
Debts and Liabilities
- Mortgages and home equity loans
- Credit card balances
- Auto loans
- Personal loans
- Tax debt
Everything must be disclosed. Hiding assets can backfire and lead to court penalties.
Step 2: Distinguish Marital vs. Non-Marital Property
Not everything you own is subject to division. Minnesota courts only divide marital property, which includes:
- Anything acquired during the marriage (regardless of whose name it’s in)
- Increase in value of shared assets
- Income earned during marriage
Non-marital property typically includes:
- Property owned before marriage
- Gifts or inheritance received individually
- Certain personal injury awards
- Property explicitly excluded by a prenuptial agreement
However, if non-marital property is commingled (e.g., put into a joint account), it may be treated as marital. This is where legal guidance becomes essential.
Step 3: Document Everything
For each asset or debt, gather documentation such as:
- Deeds or titles
- Loan statements
- Account balances and statements
- Business ownership records
- Tax returns
- Insurance policies
The more documentation you have, the smoother and more accurate the process will be.
Step 4: Get a Professional Valuation
You’ll need a clear idea of what each asset is worth. In some cases, professional help is essential:
- Real estate appraisers for homes or land
- Certified Divorce Financial Analysts (CDFAs) for retirement assets
- Business valuators for closely held businesses
- Jewelers or appraisers for valuable personal items
Proper valuation prevents unfair division and future legal disputes.
Step 5: Consider Tax Implications
Not all assets are equal — some come with tax consequences.
- Transferring retirement assets may trigger penalties unless handled properly
- Selling the marital home could result in capital gains
- Spousal maintenance and property settlements have different tax treatments
Review the IRS guidelines on divorce or work with a tax advisor to avoid surprises.
Step 6: Prepare for Negotiation or Mediation
Most property division issues are resolved out of court through negotiation or mediation. Be prepared to:
- Make a reasonable offer
- Identify your non-negotiables
- Understand your spouse’s priorities
- Offer trade-offs (e.g., you keep the house, they keep the retirement account)
Working with a skilled divorce lawyer from Martine Law ensures your interests are protected during negotiations.
Step 7: Draft a Property Settlement Agreement
Once you and your spouse reach an agreement, your attorneys will draft a Marital Termination Agreement (MTA) or Property Settlement Agreement. This must:
- Clearly list each asset and how it’s divided
- State any property buyouts (e.g., one spouse keeps the house and buys out the other)
- Note who pays which debts
- Be submitted to and approved by the court
What If You Can’t Agree?
If property division cannot be resolved through negotiation, the court will step in. A judge will hear arguments and divide property based on equitable distribution.
Litigated property division often results in:
- Delays
- Higher legal fees
- Less control over the outcome
Special Considerations in Minnesota Divorce Property Division
Retirement Accounts
You may need a Qualified Domestic Relations Order (QDRO) to divide retirement assets without tax penalties.
The Marital Home
If children are involved, courts often allow the custodial parent to stay in the home. But financial feasibility matters — can one spouse afford the mortgage alone?
Debt Responsibility
Debt acquired during the marriage is usually split. However, if one spouse was financially irresponsible (e.g., gambling, hidden credit cards), courts may assign those debts solely to them.
Why Hire Martine Law?
Property division isn’t just about dividing things — it’s about protecting your future. At Martine Law, we help you:
- Identify and value all property
- Advocate for your best interests
- Negotiate a fair settlement
- Avoid unnecessary tax burdens
- Ensure your agreement stands up in court
Final Checklist for Property Division
✅ List all marital and non-marital property
✅ Gather documentation for each item
✅ Hire professionals for accurate valuation
✅ Account for taxes and future implications
✅ Work toward an agreement through negotiation or mediation
✅ Finalize with a clear legal settlement
Need Legal Guidance?
If you’re getting divorced in Minnesota and worried about how property will be divided, don’t go through it alone. Schedule a consultation with Martine Law today.