Minneapolis Property Division Attorneys

When couples divorce, the division of property is often one of the most highly contested matters they experience. The assets that may have been shared in one household must now be divided, and making this transition can be difficult. But the attorneys at Mack & Santana Law Offices, P.C., are here to help. Our Minneapolis attorneys use years of experience and an in-depth knowledge of the law to help you achieve equitable results in property division matters.

In Minnesota, courts divide marital property equitably based on a series of factors. Equitable division does not necessarily mean 50/50, although it is often divided that way. Equitable division of assets can become complex, however, when couples argue over the value of property and whether or not that property is "marital" or "nonmarital."

NonMarital Assets vs. Marital Assets

Nonmarital property is real or personal property that is excluded from the marital estate due to when and/or how it was acquired. Premarital (owned before marriage) property is nonmarital property, but gifts or inheritances to one spouse only from a third party, constitute nonmarital property also and can occur before, during, and after the valuation date in the case (the end date of the marriage for property valuation purposes). Property excluded by a valid antenuptial or prenuptial agreement ("prenup") is also nonmarital property, as well as property acquired in exchange for other nonmarital property. Complex questions arise as to what happens if the nonmarital property increases in value during the marriage and whether all, none, or a portion of that increase is marital. Determining the nonmarital property can be difficult when that property has changed or been used to purchase other property. These complexities can be especially true when the nonmarital property was a business or businesses owned by a spouse.

The spouse seeking to make a nonmarital claim has the burden of proving the asset is nonmarital, and it is important to have attorneys who know what evidence and possible experts it takes to make the claim. It is also important to know how to defend against such a claim by understanding when evidence is weak or not sufficient to support a claim. Our attorneys have extensive experience in negotiating and litigating nonmarital claims.

Sometimes divorces get ugly. Sometimes items a spouse needs to prove that his or her asset is nonmarital go missing or are destroyed. Our attorneys believe it is important to understand early on in the process if you have a nonmarital claim as well as which items you will likely need to make your claim. This knowledge will enable you to protect and preserve the items needed for your claim as well as help you to get an early start on obtaining them from third party sources if necessary.

Divorce and Debt Division

The poor economy has negatively affected many couples. These people find themselves out of work, upside down on their mortgages and overwhelmed by debt. When a divorce happens, debt that was acquired during the marriage is divided in the same manner as marital assets.

We can help you explore solutions that help you deal with your debt. We can refer you to a highly-regarded bankruptcy attorney who we know and trust. We can also help you explore other solutions. Our attorneys work closely with tax experts and are of counsel to real estate attorneys, corporate attorneys, and bankruptcy attorneys, which enables them to present you with options for handling your debt in your divorce.

Contact a Minnesota Marital Assets and Debt Lawyer

Contact Mack & Santana Law Offices, P.C., by calling our Minneapolis law office at 612-200-2822 or our Prior Lake law office at 952-314-2617to speak with our Minneapolis property division lawyers.