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Recent Posts in Property Division Category

Is Divorce Bad for the Economy?

A new study by the Marriage and Religion Research Institute finds a connection between divorce rates and the state of the economy. More specifically, the study determined that divorce negatively ...
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Negative Equity in Real Estate

With the state of the real estate market these days, it is not uncommon for divorcing parties to have to decide what to do with a house that is "underwater" (where the mortgage is greater ...
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I Am Getting a Divorce, Do I Have to Give Back my Engagement Ring?

Under Minnesota law, you do not have to return your engagement ring. Minnesota case law and statute hold that an engagement ring is non-marital property, and therefore it does not have to be returned ...
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Divorce and Retirement Accounts: Public Employees Retirement Association (PERA)

Public Employees Retirement Association (PERA) is a governmental plan. Benefits payable by PERA include pension benefits and disability benefits. Under the 1984 Retirement Equity Act, PERA is exempt ...
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The Difference Between Marital and Non-Marital Property

Marital property is any property that is acquired during the marriage. If during your marriage you and your spouse purchase a home, then this home is considered “marital property.” If ...
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The Discovery Process: What Makes up a Marital Estate in Minnesota Divorce?

Often in a divorce , the parties do not trust each other to fully disclose all of their assets or may believe that a spouse is intentionally hiding money or property from the other. A full and fair ...
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Determining a Spousal Maintenance Award in Minnesota Divorce

Spousal maintenance, formerly known as “alimony” , is not as common as is often believed. The typical spousal maintenance case involves a long-term marriage where one spouse did not work ...
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How Can an Order for Protection Influence a Custody Case or Divorce in Minnesota?

In the state of Minnesota, if you are the victim of domestic abuse you may be able to obtain an Order for Protection. For more information on OFPs, see our webpage . When an incident of violence ...
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How to Trace Interests in Property Before Marriage in Minnesota?

Often when parties get divorced, the value of any property is split down the middle; each party gets about 50% of the assets and debts from the marriage. This can get more complicated, however, when ...
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Does Common Law Marriage Exist in Minnesota?

Common law marriage is an old concept that still holds ground in many countries and eleven states. In common law marriage, the parties never actually go through the process of becoming married through ...
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Divorce: Who Gets the House?

Often at the time of divorce, both parties want to stay in the marital home. What happens then? How can you force one party to leave? If the home was purchased during the marriage, it is marital ...
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Is a Personal Injury Settlement in Minnesota Marital or Non-Marital Property?

In a divorce proceeding , a personal injury settlement can represent a large amount of money that will have to be divided between the parties. Usually, this type of settlement occurs in Personal ...
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What Happens to Business Interests in Minnesota Divorce?

When parties are married, everything that is earned or created during the marriage is marital property . Also included in the definition of marital property is a portion of any asset that was acquired ...
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Protecting Your Credit in Real Property Divisions in Minnesota Divorce

A common part of a settlement agreement with divorce is the division of the homestead . Real property is considered marital if it was purchased during the marriage, regardless of whose name is ...
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ICMCs and the Early Neutral Evaluation Process

In Hennepin County and Ramsey County, the family courts have adjusted to make the process more amicable for cases. Instead of filing a case and having nothing happen for some time, the courts have ...
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Minnesota Home Mortgages and Divorce

With the state of economy today many people are dividing up debt rather than assets in divorce. One of the biggest decisions divorcing parties must make is what to do with their home. It is more ...
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Annulment vs. Divorce: Which is Right for Me?

Under Minnesota law, when two married individuals plan to separate, the most common route is to get a divorce. Often, people want to get an annulment for religious reasons. However, a religious ...
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New Lending Guidelines & Their Impact on Divorced Minnesotans

Fannie Mae and Freddie Mac own the majority of the mortgages in the United States. Recently, their guidelines have changed in ways that impact family law. Mortgage banker Mitch Irwin specializes in ...
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The Benefits of Using an Attorney in a Quickie Divorce

Sometimes when clients come to us to get divorced, both the client and their spouse have already determined how they want their assets and debts divided and what kind of custody arrangement they would ...
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Effect of the Economy on Divorce Rates

The recent downturn in the economy has affected the amount of divorces over the past year. Our office has seen two trends: Some couples are waiting to file for divorce until the market rebounds. They ...
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