Property Division Attorney in Eagan, Minnesota
What’s the difference between marital and non-marital property?
What’s the difference between marital and non-marital property?
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well when you begin a case you need to
have a conversation with the client or i
need to have a conversation with a
client about what their assets are
do you have assets that you had in um in
place before you got married have you
acquired them since you’ve gotten
married from
a will or devise or inheritance or a
gift from a non-party
so for example gifts between parties are
not non-marital non-marital property so
i can’t give my husband a watch and then
he can claim it as a non-marital
property so that that kind of is the
basic explanation of that
but anything i mean the there’s a
presumption in place in minnesota that
all property is marital and so if you
have a non-marital property claim it is
really important that you identify what
it is and begin the process to trace it
sometimes
property is
convoluted it can be a part of a
business ownership issue it can be part
of a retirement account it can be part
of
a farm or a home where you put money
down on on the purchase of the house
before you get married and it’s from a
non-marital source that’s non-marital
and you want to preserve that because
non-marital assets actually increase
over time so they are just not stagnant
creatures so if you put ten thousand
dollars in a house and the value of your
house goes up the value of your ten
thousand dollar non-marital deposit into
that house is going to go up as well so
it’s it’s important this is not
you can decide you’re not going to do it
but mostly it’s something that’s
worthwhile doing and then marital
property is is really everything else
but you also want to be complete you
need to know
which party has what and there’s
concerns sometimes
that parties are hiding information or
hiding
assets they had a case a few years ago
where we were looking at bank accounts
and magically fifty thousand dollars was
gone and we just we we determined that
it had been deposited in a girlfriend’s
account in new york new york and
so we were able to get that back but you
can’t just lollygag you really do need
to take a look at what’s going on and
make sure that you’re being thorough in
your investigation and your review that
does often involve a lot of discovery
which is
mostly done informally in minnesota but
the process is also more formal if
you’re concerned about
the veracity of the of the client or the
truthfulness of the client because you
get formal discovery under oath which is
valuable in court but you also have to
consider how costly this is and so
you’re weighing your weighing the
situation each time
Eagan, MN family law attorney, Susan M. Gallagher explains the difference between marital and non-marital property. She remarks that when beginning a case, it’s crucial to have a thorough conversation with the client about their assets. This includes assets they owned prior to marriage, as well as anything acquired during the marriage through a will, inheritance, or gifts from non-parties. She clarifies that gifts between spouses do not qualify as non-marital property—for example, if a client gives a watch to their spouse, that watch cannot later be claimed as non-marital property.
In Minnesota, there is a presumption that all property is marital, so it’s essential to identify and trace any non-marital property early. This can include business interests, retirement accounts, or even a home where a deposit was made before marriage from a non-marital source. She notes that non-marital assets often appreciate over time, so the initial contribution can grow significantly, making proper documentation and tracing worthwhile.
Marital property, by contrast, is essentially everything else, but completeness is key. It’s important to know who owns what and to watch for hidden assets. She recalls a case where $50,000 mysteriously disappeared from bank accounts and was later discovered to have been transferred to a girlfriend’s account in New York, which they were able to recover.
She emphasizes that thorough investigation is essential and often involves extensive discovery. In Minnesota, much of this is done informally, but formal discovery under oath can also be valuable in court if there are concerns about a client’s truthfulness. However, she notes that the costs must also be weighed carefully in each situation, balancing the need for accuracy with practical considerations.
