What Property Am I Entitled to in a Minnesota Divorce?

Dividing property during a divorce can be one of the most stressful and confusing parts of the entire process. In Minnesota, the law requires an “equitable distribution” of marital property. That doesn’t necessarily mean a 50/50 split—but it does mean the division should be fair based on your circumstances.

Whether you’re worried about your home, retirement accounts, business interests, or even debts, understanding what you’re legally entitled to is key to protecting your financial future.

In this guide, we break down what property is considered marital or non-marital, how courts decide who gets what, and what steps you can take to safeguard your interests.

1. What Counts as Property in a Divorce?

Property includes more than just physical items. It can include:

• Real estate (homes, land, rental properties)
• Vehicles
• Bank accounts
• Retirement plans and pensions
• Investment accounts
• Business interests
• Debts and loans
• Furniture, jewelry, electronics, and other personal items

Everything you and your spouse own—individually or jointly—will need to be classified and valued during divorce proceedings.

2. Marital vs. Non-Marital Property in Minnesota

Minnesota courts first classify property as either marital or non-marital:

Marital Property:

• Anything acquired by either spouse during the marriage, regardless of who paid for it or whose name it’s under.

Non-Marital Property:

• Property you owned before the marriage
• Gifts or inheritances made to you alone (not to both spouses)
• Certain types of personal injury settlements
• Property excluded by a valid prenuptial or postnuptial agreement

Non-marital property is typically not divided and remains with the original owner. But the burden of proof is on the person claiming it as non-marital.

Learn more about marital property division in Minnesota

3. How Courts Divide Property Fairly

Minnesota follows the principle of “equitable distribution,” which focuses on fairness rather than an automatic 50/50 split. The court considers:

• Length of the marriage
• Age, health, and employability of each spouse
• Each person’s contribution to acquiring and maintaining property
• The value of each spouse’s non-marital property
• Whether one spouse is awarded the marital home
• Future financial needs, especially if one parent has custody of children

Each case is unique, and judges have broad discretion when dividing assets.

4. What You May Be Entitled to in a Divorce

If you’re going through divorce in Minnesota, you may be entitled to a portion of:

• The marital home or its value
• Retirement accounts (including pensions, 401(k)s, and IRAs)
• Savings and investment accounts
• Vehicles and personal property
• Business equity
• Debts shared during the marriage

It’s important to remember that the name on the title or account doesn’t necessarily determine who gets what.

5. Special Considerations: Homes, Pensions, and Businesses

Marital Home:

Even if one spouse bought the home before marriage, if both spouses contributed to mortgage payments or maintenance, it may be partly marital.

Pensions and Retirement:

The portion earned during the marriage is marital property and subject to division. Courts may use a Qualified Domestic Relations Order (QDRO) to split accounts.

Businesses:

If you started or grew a business during your marriage, your spouse may be entitled to a share—even if they weren’t directly involved in running it.

6. Can You Keep Property You Owned Before Marriage?

In most cases, yes—non-marital property remains yours. But keep in mind:

• If you commingled assets (like adding your spouse to a deed or joint bank account), it may lose its non-marital status
• Appreciation in value during the marriage may be partly considered marital
• Documentation is crucial. Keep records of when and how the property was acquired

Can inherited property be protected during divorce?

7. How Prenups and Postnups Affect Property Division

Prenuptial and postnuptial agreements can define what property remains separate or how assets will be divided. To be enforceable, the agreement must be:

• In writing
• Voluntarily signed by both parties
• Made with full disclosure of assets
• Not unconscionable or grossly unfair

Courts may throw out prenups that are overly lopsided or signed under duress.

8. Property Division Myths

• Myth: Everything is split 50/50.
  
  Not always. Minnesota uses equitable distribution, not equal distribution.
• Myth: I get to keep everything in my name.
  
  Courts look at when and how the property was acquired—not just whose name it’s in.
• Myth: If I leave the house, I lose my rights to it.
  
  Moving out doesn’t mean you forfeit ownership or equity in the property.

9. Tips for Protecting Your Property Rights

• Create an inventory of all assets and debts
• Gather financial records, titles, and deeds
• Don’t hide or move assets, this can backfire
• Avoid large purchases during the divorce process
• Speak with a qualified divorce attorney early

The more prepared and transparent you are, the smoother the property division process will be.

10. How Martine Law Can Help

Property division in divorce is complex, emotional, and high-stakes. At Martine Law, we fight to ensure you get what you deserve and nothing less.

Our team will:

• Help you identify and value all marital and non-marital assets
• Negotiate a fair settlement or represent you in court
• Protect business interests and retirement accounts
• Build a strategy tailored to your unique needs and goals

Schedule your consultation with Martine Law and let us help you secure your financial future.

External Resources

• Minnesota Judicial Branch: Divorce and Property Division
• LawHelpMN.org – Understanding Marital and Non-Marital Property