Defining marital property in Minnesota
In Minnesota, marital property refers to the assets and debts acquired by either spouse during the marriage. These assets are subject to equitable distribution during divorce — which means they’re divided fairly, not necessarily equally.
Understanding what qualifies as marital property can help you protect your financial future, especially if you’re considering divorce or are already in the middle of one.
At Martine Law, our divorce attorneys help clients understand what’s at stake and how to approach property division with confidence.
What qualifies as marital property?
Marital property includes anything of value acquired by either spouse between the date of marriage and the date of separation, unless it qualifies as separate property.
Common examples of marital property:
- Wages and salaries earned during the marriage
- Joint or individual bank accounts funded during marriage
- Vehicles and real estate purchased after the wedding
- Retirement accounts and pensions (even if only in one spouse’s name)
- Businesses started or expanded during the marriage
- Household items, electronics, and furniture
- Stock options or investments acquired during marriage
- Debt accumulated during the marriage (credit cards, loans, etc.)
Even if something is only in your name, it may still be considered marital property if it was obtained while you were married.
What is not considered marital property?
Assets that are separate — meaning they belong to only one spouse — are usually not divided in a Minnesota divorce.
Examples of non-marital (separate) property:
- Property owned by one spouse before marriage
- Gifts or inheritances given to only one spouse
- Personal injury settlements awarded to one spouse
- Assets excluded by a valid prenuptial agreement
- Certain items explicitly designated as non-marital in writing
That said, separate property can become marital property if it gets commingled. For instance, if you inherit money and deposit it into a joint account or use it to buy a shared home, it may lose its non-marital status.
If this sounds like your situation, speak to a family law attorney who can help trace the origin of the asset.
How is marital property divided in Minnesota?
Minnesota is an equitable distribution state, which means courts divide marital assets based on what’s fair — not a straight 50/50 split.
The court will consider a variety of factors, including:
- Each spouse’s income, debts, and financial resources
- The length of the marriage
- Each person’s contribution to the marriage (financial or otherwise)
- Homemaking and caregiving roles
- Whether one spouse gave up education or career opportunities
- Any waste, dissipation, or concealment of assets
Judges aim to make sure both spouses can maintain a reasonable standard of living after the divorce.
You and your spouse can agree on how to divide property out of court — or, if no agreement is reached, a judge will decide at trial. The team at Martine Law works to ensure your rights are protected in either scenario.
What happens to the family home?
The family home is often the most emotionally and financially significant asset. Whether one spouse keeps it depends on:
- Who has primary custody of the children
- Who can afford to keep up the mortgage and expenses
- Whether one spouse owned the home before marriage
- Whether both parties agree to sell and split the equity
In many cases, the home is sold and the proceeds are divided. But it’s also common for one spouse to buy out the other’s share or trade other assets to keep the house.
How are retirement accounts handled?
Even if only one spouse contributed to a retirement plan, it may still be partially marital property. Courts divide the portion earned during the marriage.
To split retirement funds, the court may issue a Qualified Domestic Relations Order (QDRO). This allows funds to be transferred without early withdrawal penalties.
Types of accounts typically divided:
- 401(k)s
- IRAs
- Pensions
- Military or government retirement accounts
If you or your spouse have substantial retirement savings, consult with a divorce lawyer to ensure fair division and proper valuation.
Can debt be marital property too?
Yes. Just like assets, debt is also divided in Minnesota divorces.
Marital debt includes:
- Joint credit cards
- Car loans
- Mortgages
- Medical bills
- Personal loans
Even if the debt is only in one person’s name, the court may decide both spouses are responsible for it if it was used to benefit the household or incurred during the marriage.
You may also be responsible for co-signed debts, regardless of the court’s decision.
Frequently asked questions
Can I keep my inheritance during divorce?
Yes, but only if it was kept separate and not mixed with marital funds. If you used your inheritance for shared expenses or investments, it might be partially marital.
What if my spouse handled all the finances?
You still have legal rights to marital property. It’s common for one spouse to manage the finances, but that doesn’t mean they own more of the assets.
Can I protect certain assets with a prenup?
Yes. A valid prenuptial agreement can define what is marital and non-marital, making property division more straightforward during divorce.
Is property always split equally?
No. Minnesota divides property equitably, which means fairly based on your unique circumstances — not necessarily equally.
Key takeaways
- Marital property includes all income, assets, and debts acquired during the marriage, regardless of whose name they’re in.
- Minnesota uses equitable distribution, not automatic 50/50.
- Property owned before marriage, gifts, and inheritances are usually non-marital — unless they’ve been commingled.
- Retirement accounts, homes, and even debt can be divided in divorce.
- A divorce attorneyhttps://xmartinelaw.com/minneapolis-divorce-lawyer/ can help you identify what’s truly yours and protect your share.
Not sure which assets are legally yours?
Let Martine Law guide you through every step of your property division process.