Divorce can be one of the most emotional and financially complex experiences in life. In Minnesota, one of the hardest parts is figuring out what property belongs to each spouse. The distinction between marital and non-marital property plays a critical role in how assets are divided.
Understanding these terms and how tracing and commingling affect ownership can help protect what is rightfully yours. At Martine Law, our experienced Minnesota divorce attorneys help clients navigate these issues with clarity and care.
Call us now and get in touch with our expert divorce lawyers to protect your assets.
What Is Marital and Non-Marital Property in Minnesota?
Minnesota follows the “equitable distribution” rule, meaning marital property is divided fairly, not always equally. According to Minnesota Statutes § 518.003, property is categorized as either marital or non-marital.
Marital property includes:
- Income earned by either spouse during the marriage
- Assets purchased with marital funds
- Real estate, cars, or retirement accounts accumulated after marriage
Non-marital property includes:
- Property owned before the marriage
- Inheritances or gifts received by one spouse
- Personal injury awards made to one spouse
- Assets defined as non-marital in a valid prenuptial or postnuptial agreement
In Minnesota, the court assumes all property acquired during marriage is marital unless proven otherwise. That’s where tracing becomes essential.
For a deeper look at how Minnesota courts classify property during divorce, visit this helpful guide.
How Does Tracing Work in Minnesota Divorces?
Tracing is the process of proving that certain assets belong only to you and should not be divided in the divorce. You must show a clear paper trail connecting your current asset to its original non-marital source.
For example:
- You owned a home before marriage and sold it to buy your current home.
- You received an inheritance and used it as a down payment on a property.
To trace successfully, you’ll need documentation such as:
- Bank records or account statements
- Real estate closing documents
- Proof of inheritance or gift letters
If the source of funds is unclear, the court may classify the property as marital. This is why accurate financial documentation is key.
Our Minnesota property division lawyers can help you gather and organize financial records to prove ownership and protect your non-marital assets.
What Happens When Property Is Commingled?
Commingling happens when non-marital property becomes mixed with marital assets. Once mixed, it can be difficult to separate them.
For example:
- You deposit an inheritance into a joint bank account and both spouses use the funds.
- You add your spouse’s name to the title of your home purchased before marriage.
- You use marital income to improve or maintain a non-marital property.
If you cannot clearly trace the non-marital portion, the court may determine it has become marital. In other words, both spouses could have a claim to it.
To avoid commingling, consider:
- Keeping inheritance or pre-marriage funds in separate accounts
- Documenting all transactions involving personal assets
- Avoiding joint titles unless intended
If commingling has already occurred, a lawyer can help reconstruct the financial trail.
How Does Minnesota Law Divide Marital and Non-Marital Assets?
Under Minnesota’s equitable division standard, the court considers multiple factors, including:
- Each spouse’s contribution to acquiring property
- The length of the marriage
- The economic situation of each spouse at the time of division
- Whether either spouse wasted marital assets
Non-marital property generally stays with the original owner, but disputes often arise when tracing is incomplete or commingling occurred.
If you and your spouse disagree about how an asset should be classified, the court may require expert financial analysis. Hiring an attorney early can help preserve your rights before evidence becomes hard to trace.
For more details on family law procedures, visit Minnesota Courts.
What Should You Do if You Suspect Your Non-Marital Property Was Mixed?
If you believe your non-marital property was commingled, do not wait to act. Early documentation and analysis can make a big difference.
Steps to take:
- Collect all account statements, deeds, and receipts.
- Avoid transferring or spending disputed assets.
- Work with a divorce attorney familiar with tracing and valuation.
- Request a property inventory early in the case.
At Martine Law, we have helped clients across Minnesota protect their personal assets through careful tracing and legal strategy. If your financial life feels too tangled to separate, we can bring clarity and protection to your case.
Do You Need a Lawyer for Property Division in Minnesota?
You can technically represent yourself, but dividing assets without guidance can be risky. Minnesota property laws are complex, and mistakes in classification or tracing can cost you thousands.
A skilled divorce lawyer in Minneapolis understands how local judges view commingling and what proof is necessary to protect non-marital assets.
At Martine Law, our attorneys:
- Analyze your financial records to separate marital and non-marital assets
- Work with financial experts when needed
- Negotiate fair settlements or represent you in court
- Offer 24/7 support through paralegals and assistants so your questions never go unanswered
Protect what’s yours. Call Martine Law today at +1(612) 979-1305 or schedule a consultation online.
Key Takeaways
- Non-marital property includes assets you owned before marriage, inheritances, or personal gifts.
- Tracing is crucial to prove the source of your non-marital property and keep it separate from marital assets.
- Commingling can cause non-marital property to lose its protection if mixed with marital funds.
- Documentation and early legal advice can make the difference in preserving what belongs to you.
- A Minnesota divorce lawyer can help you navigate tracing, documentation, and fair division.
Martine Law’s local attorneys understand Minnesota family law and fight to protect what matters most to you. Reach out today through our contact page or call +1(612) 979-1305 to speak with a trusted legal advocate.