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What are Considered Non-Marital Assets in Minnesota Divorce Cases?
What are Considered Non-Marital Assets in Minnesota Divorce Cases?
When going through a divorce, one of the most important aspects to consider is how property will be divided. In the state of Minnesota, certain assets are classified as non-marital and are excluded from the marital estate. It's crucial to understand what constitutes non-marital assets to ensure a fair distribution of property during divorce proceedings.
Non-marital assets in Minnesota include any property that was acquired by one spouse before the marriage. This could include real estate, vehicles, investments, or personal belongings that were owned prior to tying the knot. Additionally, any asset legally excluded by an existing valid prenuptial agreement is considered non-marital. Prenuptial agreements are legal documents that outline how assets will be divided in case of divorce and can help protect individual assets brought into the marriage.
Personal injury claim settlements are also considered non-marital assets in Minnesota. If one spouse receives a settlement for injuries sustained before or during the marriage, those funds would typically remain separate from marital property. Inheritances received by one spouse during the marriage are also considered non-marital assets unless they have been commingled with marital funds.
Gifts given specifically to one spouse are another example of non-marital assets. Whether it's jewelry, cash, or other valuable items, gifts that are clearly intended for only one spouse are not subject to division during divorce proceedings. However, it's essential to keep documentation proving the gift was meant for one spouse and not shared between both parties.
In order to prove that an asset is non-marital and should not be included in the marital estate, both parties must provide evidence to the court by a preponderance of the evidence standard. This means that they must show it is more likely than not that the asset is separate property. Documents such as titles, receipts, bills of sale, or canceled checks can help establish ownership of non-marital assets and prevent them from being divided during divorce.
Understanding what qualifies as a non-marital asset in Minnesota can have a significant impact on how property is divided during divorce proceedings. By knowing what types of assets are excluded from the marital estate and providing proper documentation to prove ownership, individuals can protect their separate property and ensure a fair distribution of assets. Consulting with a knowledgeable family law attorney can help navigate complex issues related to dividing property in divorce cases and ensure that your rights are protected throughout the process.
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