In a Minnesota divorce, property division is based on whether assets are classified as marital or non-marital. This classification directly impacts what you keep and what must be divided.
If you are preparing for divorce, understanding this distinction can help you protect your rights and avoid losing property that legally belongs to you. At Martine Law, our attorneys guide clients through the property division process with precision and care.
What is marital property in Minnesota?
Under Minnesota Statute § 518.003, marital property includes most assets acquired by either spouse during the marriage, regardless of whose name is on the title.
Examples of marital property:
- Income earned during the marriage
- Real estate purchased after the wedding
- Retirement accounts and pensions accrued during the marriage
- Vehicles, furniture, and household items bought while married
- Investment accounts opened during the marriage
Marital property is subject to equitable division, which means the court divides it fairly, though not always equally.
What is non-marital property in Minnesota?
Non-marital property generally belongs solely to one spouse and is not divided in divorce.
Examples of non-marital property:
- Assets owned before the marriage
- Inheritances received by one spouse alone
- Gifts made specifically to one spouse
- Property excluded by a valid prenuptial or postnuptial agreement
- Compensation for personal injuries (except lost wages or medical expenses paid during marriage)
To keep non-marital property separate, you must be able to prove it meets the legal criteria.
When non-marital property becomes marital
Sometimes, non-marital property can become marital through commingling. This happens when:
- Funds are deposited into a joint account and used for shared expenses
- One spouse’s premarital property is retitled in both names
- Improvements to non-marital property are paid for with marital funds
If you cannot trace the property back to its original source, the court may treat it as marital.
How Minnesota courts divide property
Minnesota courts aim for a fair division of marital property based on factors like:
- Length of the marriage
- Each spouse’s income and earning potential
- Contributions to acquiring and maintaining the property
- Economic circumstances of each spouse after divorce
Our Minnesota divorce lawyers work to ensure property division is equitable and that your non-marital assets remain protected.
Steps to protect your non-marital property
- Keep detailed records and documentation
- Avoid mixing non-marital and marital funds
- Use separate accounts for inheritance or gifts
- Consult a family law attorney early in the process
The more clearly you can prove the source of an asset, the easier it is to shield it from division.
Key takeaways
- Marital property includes assets acquired during the marriage and is subject to division.
- Non-marital property belongs to one spouse and generally stays with them after divorce.
- Commingling can turn non-marital property into marital property.
- Good documentation and legal guidance are critical for protecting your assets.
Need help with property division in Minnesota?
Our team at Martine Law can help you classify assets, protect what’s yours, and negotiate a fair outcome.
Contact us today for a confidential consultation.