there’s a presumption in minnesota that
any asset acquired during the marriage
is considered a marital asset and the
marital assets are supposed to be
divided between the parties in an
equitable manner
non-marital assets you can you can
overcome the presumption if you can
prove that you received an asset either
you owned it before the marriage or you
received it as a gift to your to to one
party in the marriage
gifts between parties don’t count those
are considered marital assets but if
somebody received a gift from their
parents or an inheritance or something
like that that’s a non-marital asset
and then there are a lot of spin-offs
with that in terms of
earnings on on non-marital assets are
considered to be marital in nature
so if somebody had an apartment building
and rent was collected
that rent and and maybe was used to pay
down the mortgage on the apartment
building the increase in the equity in
the building would be considered marital
in nature because it came from earnings
on that non-marital asset than on
the the um the building
same with
stock like if somebody owned 3m stock
and they received a a dividend that
would be considered an earning and so
that would be a merit marital asset but
the appreciation and value of a
non-marital asset can retains its
non-marital character so a 3m stock
appreciated in value during the marriage
that increase in value is considered to
be non-marital