Property Division Attorney in Maplewood, Minnesota
What is your approach in handling a property division dispute?
What is your approach in handling a property division dispute?
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i think the first thing is to get as
much information as you can
so getting things valued very often
that’s houses
pensions
sometimes there’s collectibles other
things are little unusual you know coin
collections uh art
so getting a balance sheet together
that everyone can live with is is a key
point you know sometimes it’s as simple
as pulling blue book values for cars
uh you had people go online even during
a during a settlement conference of some
sort
and just pull numbers for you know what
what are hummels value valued at or
whatever other collectibles they may
have
you know sometimes there’s a small
business so getting that valued so
getting getting the data up front
helps the process immensely
then you need to decide who wants what
so there it’s it’s not unusual that
there’s a dispute over who gets the
house
how you solve that problem um you know
there’s no right or wrong answer and
sometimes
you know
judges
will order the sale of a house and
neither side wants that typically
one or the other parties wants the house
for various reasons sometimes it’s for
the kids sometimes they had it before
the marriage i mean there’s there’s all
kinds of reasons there’s not
good guidance on on how to how to make
that decision um it’s left really in the
discretion of the judges so when we’re
trying to settle the case you know we we
know that and any number of things could
happen
people typically um
find other things they want um
you know to offset the value of the
house
so you know you you get that data you
you kind of try to you know work through
who gets what
and then at the bottom you know you hope
it comes as close to equal as possible
and if it doesn’t you create a buyout
arrangement typically and sometimes that
buyout arrangement is tied into other
issues so it might offset spousal
maintenance for a time or
you know someone may agree to do
something in return for for something
creative on the buyout so we leverage
property against you know other things
maybe someone will keep their spouse on
medical insurance
um in return for that if it’s if it’s
available to them i’ve had cases where
you know one party was was handy around
the house and agreed to you know do some
upkeep things for a couple years i mean
so there’s there’s all kinds of things
people are willing to do
um you know a little horse trading
around property
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St. Paul, MN family law attorney Thomas Tuft talks about his approach in handling a property division dispute. He explains that the first step in dividing property is gathering as much information as possible. That often means valuing assets such as houses, pensions, cars, or, in some cases, more unusual items like coin collections or art. Sometimes it’s as simple as pulling a blue book value for a vehicle or checking online listings during a settlement conference to see what collectibles are worth. In other cases, such as when a small business is involved, professional valuations are necessary. Creating a reliable balance sheet that both parties can accept, he says, is a key starting point.
Once the values are established, the next challenge is determining who gets what. Disputes often arise over the family home. While judges can order a sale if the parties can’t agree, that outcome is rarely what either side wants. Typically, one party has a stronger interest in keeping the house—whether for the children, sentimental reasons, or because they owned it before the marriage. Since judges have wide discretion, he stresses the importance of working toward a negotiated solution instead of leaving it to the court.
In settlement discussions, parties usually identify other assets they want to offset the value of the house. If the division isn’t equal, a buyout arrangement is often created, which can sometimes be tied to other issues like spousal maintenance. He notes that creative solutions are common—one spouse might agree to keep the other on health insurance if available, or, in some cases, agree to handle home repairs or upkeep for a period of time. In his experience, property division often comes down to a kind of “horse trading,” where flexibility and creativity help both parties reach a fair resolution.
