Minnesota Property Division Attorney

Property Division in a Minnesota Divorce: Who Gets What?

During divorce proceedings, couples may have trouble determining who gets what property. Each party may have sentimental attachment to particular items, or may want the items to decorate their new home. For most couples going through a divorce, they are generally able to reach an agreement on who gets what. There are times , however, especially during complex divorces & property division, where the parties want the same items and are willing to spend more money fighting over the item than it is actually worth.

When determining property division, it is important to know that as soon as one party files for divorce, all property and assets are supposed to stay status quo. That means that the party who has been paying insurance will continue to pay insurance, the party who pays the mortgage will continue to pay the mortgage, and so on. No assets are to be sold or otherwise disposed of unless it is necessary to pay for basic living expenses.

There still remains the issue of who will get certain items such as who gets which vehicle, or who is entitled to stay in the marital home? If the parties are not able to agree on these issues, the matter will be presented to the court. This is generally done in a temporary relief hearing. The party requesting the hearing will explain through written affidavit and arguments presented by their attorney, why they want what they are asking for, and why it is important for them to receive it.

The other party is then given the same opportunity to explain why they do not agree with the property division, or why it would be better for them to have the property. The judge will take all of the information presented into consideration and make a final decision.

Dividing up personal property is not what most Minnesota courts want to be involved in. Determining which party stays in the house is one thing; determining who gets the antique end table is another. In some cases, it has been known to happen that a judge will order property sold and the proceeds divided between the parties, no matter how much sentimental value the property has. That is why it is best for the parties to try to put their emotions aside and come to an agreement on property outside of court.

If you are in the process of getting divorced, you would greatly benefit from having a Minnesota divorce attorney on your side, helping look out for your rights and interests. When you contact one of the knowledge attorneys at Heimerl & Landers, we will evaluate your current situation, analyze what options are available to you and help you determine the best course of action to pursue.

Divorce Lawyer in Minnesota

Whether you and your soon-to-be ex-spouse are close to an agreement on property division or miles apart, having an experienced property division attorney from our firm on your side will help protect your interests. If there are only a few, minor property division issues to resolve, we would probably recommend divorce mediation. At mediation, both parties are able to discuss the property that needs to be divided and in many cases, come to more creative solutions for dividing it.

One common misperception about property division is that it is 50/50. This is not quite true. Under Minnesota law, property is to be divided equitably. This brings in the concept of fairness; a court is not going to make sure every penny is matched on each side of a property settlement. If there are two vehicles, for example, and one is worth more than the other, but they are similar in value, then the court will award each party a vehicle and not worry about balancing out the values.

When it comes to divorce and determining property division, having one of our attorneys working side-by-side with you will not only give you a little more peace of mind, but will help protect your interests as well. With many years of experience practicing law, we work hard to protect the interests and rights of our clients. Our goal is to help you finalize your divorce, as smoothly as possible, so that you can get on with your life.

If you are in the middle of a divorce or you need legal representation on property division-related divorce proceedings, contact a Minnesota property division attorneyat our firm today.