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Factors used in Minnesota property division rulings

One issue that needs to be solved in a divorce proceeding is how to divide property. The first step in the process is to determine what is marital property. This is important because only marital property can be divided during a divorce settlement. Once an inventory of marital property is taken, a monetary value will be placed on that property. It will then be divided in an equitable manner.

While Minnesota is an equitable distribution state, it does not mean that property is divided equally. Instead, it means that a judge will determine how to allocate assets between the two parties. Factors used to determine equitable division include the age and physical condition of each party as well as the income potential of each party. If one party does not have the skills to find a job or suffers from a health issue, that person may receive more assets in a divorce.

The court will also factor in the contributions that each party made to marital property. If the value of a piece of property changes during the divorce proceeding, a judge may amend a ruling to reflect the fair distribution of that asset. In any divorce case, the parties themselves may come to an agreement on how to divide property without the need for a court to intervene.

Those who are going through the divorce process may wish to retain a family law attorney. An attorney may be able to assist during the discovery process to increase the odds that all marital property is disclosed. An attorney may also be able to compel the other party to disclose assets during the divorce process or comply with spousal or child support orders after a divorce is finalized.

Source: Divorce Support, "Minnesota Property Division Factors", September 12, 2014

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