Property Division Attorney in Maplewood, Minnesota

What’s the difference between marital and non-marital property?

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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

St. Paul, MN family law attorney Dan O’Connell explains the difference between marital and non-marital property.

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