Minnesota Family Law attorney Melisa Field explains how there can be two separate court proceedings with a couple that owns real property and has children but is not married.
More In This Category
It’s becoming increasingly common these days for people to have children and not actually be in a marriage relationship. When they have children and they own real property, it’s actually two separate court proceedings, which is somewhat unfortunate. So one, you have the custody action and that deals with only the custody labels and the child support issue. If there’s real property that needs to be divided, you actually need a separate court action in a civil court file on the partition case. Unfortunately, when there isn’t the marriage relationship you can’t do it all in one court file you have to two separate legal proceedings and they’re actually in different courts. The custody is in family court and then the partition is in the civil court file.